HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 5673 of 2024 Court No. - 93 HON'BLE HARVIR SINGH, J. 1. Heard learned counsel for the revisionist, learned A.G.A. for the State and learned counsel for opp. party no. 2. 2. The present revision has been filed against the order dated 26.09.2024 passed by learned Special Judge, SC/ST Act, Varanasi in Criminal Case No. 334 of 2024 ( Deepak Kumar Vs. Krishna Kumar Gupta and others) wherein, the application moved by the revisionist under Section 156(3) Cr.P.C. has been rejected. 3. Learned counsel for the revisionist submitted that the licence of Toddy palm was in the name of the mother of the revisionist who is valid license holder to carry out her business of selling Toddy Palm. It has further been submitted that police officials demanded illegal gratification, despite the fact that the mother of the revisionist was having valid lisence to sell Toddi Palm. On refusal to give illegal gratification and illegal demand, the revisionist was threatened that, if he would be implicated in false case, if he raised any voice against the police officials. The opp. party no. 2, who is a Sub Inspector, accompanied with two other constables used abusive language, which cannot be permitted in the eye of law, if a person is carrying out his Versus Counsel for Revisionist(s) : Satya Prakash Shukla Counsel for Opposite Party(s) : G.A. Deepak Kumar .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) business under a valid license and government policy. 4. Learned A.G.A. and learned counsel for the opp. party no. 2 submit that no such incident has taken place. It was only the routine duty of the police official to maintain law and order in the area, therefore, the Sub-Inspector along with two constables was present on the spot in sudden inspection to maintain peace and tranquility in the area. He has denied the allegations made in the complaint. 5. Learned A.G.A. and learned counsel for the opp. party no. 2 have admitted the fact as stated in paragraph nos. 4 and 5 of the affidavit filed in support of this revision that the revisionist was running his shop in accordance Rules and the lisence was granted by the State Government. Learned counsel for the opp. party no. 2 in paragraph no. 8 of the counter affidavit has merely denied the allegations levelled in paragraph nos. 6,7 and 8 of the affidavit, but a mere denial is not sufficient. The allegations made in the revision would have been denied, specifically, particularly the allegation of illegal demand of gratification, but nowhere in the affidavit, the opp. party no. 2 denied that he did not demand any illegal gratification however, he narrated different story that several persons were present at the shop who were consuming Toddi Palm and has come with different story. 6. It is also alleged that the revisionist was selling Toddi Palm mixed with some other spurious liquid harmful to health, but no such sample was ever taken by the opp. party no. 2 to the said effect and has taken shelter of maintaining law and order in the area. If something was wrong or crowd gathered at the shop was making nuisance, then the owner of the shop would have made complaint to the police concerned regarding hue and cry made by the public at large. But this is not the case here. The trial court has not gone into the each and every aspect of the matter and dismissed the application under Section 156(3) Cr.P.C. filed by the revisionist. CRLR No. 5673 of 2024 2 7. Considering the facts and circumstances of the case and the submissions made by the learned counsel for the parties, the revision is liable to be allowed and is hereby allowed. The order dated 26.09.2024 passed by learned Special Judge, SC/ST Act, Varanasi in Criminal Case No. 334 of 2024 ( Deepak Kumar Vs. Krishna Kumar Gupta and others) is quashed. 8. The matter is remanded back to the learned Special Judge, SC/ST Act, Varanasi, who shall pass afresh order in accordance with law. September 12, 2025 Gss CRLR No. 5673 of 2024 3 (Harvir Singh,J.) Digitally signed by :- GIRAJA SHANKER SHARMA High Court of Judicature at Allahabad