Neutral Citation No. - 2025:AHC-LKO:39472 Court No. - 13 Case :- CRIMINAL MISC. WRIT PETITION No. - 1005802 of 2013 Petitioner :- Ramdhani Respondent :- State Of U.P. Thru Secy. Home Civil Sectt. Lucknow And Others Counsel for Petitioner :- Abhishek Kumar Pandey,Illigible,Ram Gopal,Veer Raghav Chaubey Counsel for Respondent :- Govt. Advocate Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioner and Sri Ajay Kumar Srivastava, learned AGA for the State of U.P. as well as the perused the record. The instant petition has been preferred seeking following main relief(s):- "i. to issue writ, order or direction in the nature of certiorari to quash/set aside impugned order dated 16-08-2011 passed by the Chief Judicial Magistrate Pratapgarh in Case No. 5519/2006, Ramdhani Vs. Balram Misra as well as order dated 31 July 2013 passed by the Additional Session Judge, Court No.9, Pratapgarh passed in Criminal Revision No. 214 of 2011 contained as annexure no.1 & 2 to this writ petition. ii. to issue writ, order or direction in the nature of Mandamus commanding the learned Chief Judicial Magistrate, Pratapgarh to consider and decide Case No. 5519/2006, Ramdhani Vs. Balram Misra and others afresh." Brief facts of the case are to the effect that the petitioner/Ramdhani was implicated in the Case Crime Number 159/2000, under Section 394 IPC, registered on 05.10.2000 at 10.50 A.M. at Police Station- Raniganj, District- Pratapgarh. After due investigation, the Investigating Officer (IO) submitted the charge sheet in Case Crime Number 159/2000 and thereafter, the matter was committed to the court of sessions wherein it was registered as Sessions Trial Number 495/2003. The trial court proceeded against the accused namely Gazi @ Amarnath Patel, Daya Shankar @ Pappu, Ghanshyam Dubey, Khunti @ Ramasre, Panna Lal Patel, Munna @ Dayaram, Sardar @ Ashok Kumar, Ramdhani (petitioner), Baccha and Murli after framing of charges under Sections 395/397, 412 IPC. After considering the evidence on record (oral and documentary), the trial court discharged the accused namely Gazi @ Amarnath Patel, Ghanshyam Dubey, Khunti @ Ramasre, Panna Lal Patel, Munna @ Dayaram, Sardar @ Ashok Yadav, Murli, Baccha and Ramdhani (petitioner) for the offence under Section 395/397 IPC. Ramdhani (petitioner) was also discharged for the offence under Section 412 IPC. Another accused namely Daya Shankar @ Pappu was also discharged for the offence under Sections 395/397, 412 IPC. It is apparent from the judgment dated 03.06.2006 that the accused Gazi @ Amarnath Patel, Ghanshyam, Khunti @ Ramasre were in custody and therefore, they were released and Ramdhani (petitioner) and others were on bail. After the judgment dated 03.06.2006, the petitioner-Ramdhani preferred an application/complaint dated 06.12.2006 impleading therein Balram Mishra (then S.H.O.), Vikrama Dubey (Head Constable), Niyaz Ahmad (Head Constable), Bhim Mishra (Constable), Santosh Mishra (Constable) and other police personnel. To support the allegations made in the application/complaint dated 06.12.2006, the petitioner-Ramdhani appeared before the Magistrate concerned and his statement was recorded as required in terms of Section 200 Cr.P.C. However, no witness was produced, though, required in terms of Section 202 Cr.P.C., as appears from the impugned order dated 31.07.2013, whereby, Criminal Revision No. 214 of 2011 (Ramdhani vs. State) was dismissed, which was filed challenging the order dated 16.08.2011, whereby, the complaint Case No. 5519/2006 (Ramdhani vs. Balram Mishra and 5 others) was dismissed by the Chief Judicial Magistrate, Pratapgarh (in short "Magistrate"). In the aforesaid background of the case, the instant petition has been filed before this Court. Upon due consideration of the facts of the case, as indicated, and material available on record including the judgment of trial court dated 03.06.2006, impugned order dated 16.08.2011 passed by the Magistrate, impugned order dated 31.07.2013 passed in Criminal Revision No. 214 of 2011 and the copy of the complaint/application dated 06.12.2006, this Court finds no force in the instant petition. It is for the following reasons:- (i) The trial court passed the judgment dated 03.06.2006, whereby discharged the accused persons including the present petitioner-Ramdhani for want of appropriate evidence in support of prosecution case and there is no finding in this judgment based upon which it can be inferred that false evidence was placed before the trial court so as to implicate the petitioner-Ramdhani. (ii) No witness was produced in terms of Section 202 Cr.P.C., which is required under the law. For the foregoing reasons, the instant petition is dismissed. Order Date :- 10.7.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench