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2025 DAILYLAW 101923 (ALL)

RAJARAM v. STATE OF U.P. AND 8 OTHERS

A482/33161/2024 · 2025-04-29

Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:67994 Court No. - 87 Case :- APPLICATION U/S 482 No. - 33161 of 2024 Applicant :- Rajaram Opposite Party :- State Of U.P. And 8 Others Counsel for Applicant :- Garun Pal Singh Counsel for Opposite Party :- G.A. Hon'ble Prashant Kumar,J. 1. Heard Sri G.P. Singh, learned counsel for the applicant, Sri Jyoti Kumar Singh, learned AGA for the State respondents and perused the record. 2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of impugned order dated 29.07.2024 passed by Sessions Judge, Hathras in Criminal Revision No.30 of 2024 as well as impugned order dated 20.02.2024 passed by Additional Chief Judicial Magistrate, Hathras in Complaint Case No.453 of 2023, P.S. Mursan, District Hathras. 3. Facts which emerge from the record are that on 04.07.2023, the applicant has filed an application under Section 156 (3) Cr.P.C. before the Court below alleging therein that opposite party nos.2 to 9 have abused, beaten him up and opened fire with the intention to kill him and the Court concerned after recording statements under Sections 200 and 202 Cr.P.C. rejected the said application vide order dated 20.02.2024. Aggrieved by order dated 20.02.2024, the applicant filed a criminal revision before the Court concerned bearing criminal revision no.30 of 2024, which too has been rejected by the revisional Court vide order dated 29.07.2024. Both the orders are under challenge by means of instant application. 4. Learned counsel for the applicant submits that there is specific allegation of assault against the applicant despite both the courts have failed to appreciate the evidence adduced by the applicant and without applying judicial mind have passed the impugned orders, which are liable to be quashed by this Court. 5. Per contra, learned AGA submits that the learned Magistrate has rejected the application of the applicant on two grounds, firstly that this is a no injury case and secondly the dispute is purely civil in nature. He further submits that the revisional court has rightly uphold the order passed by the Magistrate. There is no illegality or infirmity in the orders passed by the trial Court as well as revisional Court. 6. After hearing learned counsel for both side and perusing the detailed findings recorded by both the Courts below, I see no illegality in the impugned orders passed by the Courts below. 7. Accordingly, the instant revision is dismissed. Order Date :- 30.4.2025 S.P. Digitally signed by :- SANJAY PURI High Court of Judicature at Allahabad