PRAMOD KUMAR BHUKESH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 4 OTHERS
CRLA/1275/2025 · 2025-05-02
Alok Mathur
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 136535 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 136535 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:26470 Court No. - 12 Case :- CRIMINAL APPEAL No. - 1275 of 2025 Appellant :- Pramod Kumar Bhukesh Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others Counsel for Appellant :- Prashant Shukla,Devendra Gupta Counsel for Respondent :- G.A. Hon'ble Alok Mathur,J.
1. Heard Sri Prashant Shukla, learned counsel for the appellant as well as learned Additional Government Advocate for the State of U.P.
2. In the light of proposed order notice to private respondents is dispensed with. 3. By means of present criminal appeal under Section 14A(1) of SC/ST Act the appellant has assailed order dated 30.01.2025 passed by the Special Judge (SC/ST Act), Lucknow in Criminal Misc. Case No. 4068 of 2024 - Pramod Kumar Bhukesh Vs. Bhanu Pratap Singh and Others, whereby the application under Section 173(4) of BNSS preferred by the appellant has been rejected. 4. It has been submitted by learned counsel for the appellant that dispute in the present case between the appellant and private respondents pertains to the property situated at 539Kha/754, Ward - Rafi Ahmad, Kidwai Nagar, Badi Jugauli, Gomtinagar, which according to appellant was purchased from Ashutosh Verma and Paritosh Verma who are sons of Smt. Sunita Verma, who in turn had purchased the said property from previous owner Munni Devi. The private respondents on the other hand also claim that they have also purchased the same property from Parshuram Verma. 5. It is in this regard a civil suit is also pending and in the present complaint after narrating entire facts in para 10 it has been stated that the private respondents had used caste related words to the appellant and threatened him. The trial Court after considering the aforesaid facts was of the view that the dispute between the parties is of civil nature and a civil suit is pending between the parties and from the complaint no cognizable offence is disclosed and accordingly rejected the application. 6. Learned counsel for the appellant while assailing the impugned order has stated that entire details are clearly mentioned in the complaint and perusal of which would clearly indicate that cognizable offence is made out against the private respondents and has assailed the validity of the impugned order. 7. Learned A.G.A. on the other hand has opposed the appeal and has supported the impugned order. He prays for dismissal of appeal. 8.
Heard learned counsel for the parties and perused the record. 9. From the perusal of complaint it is noticed that a civil suit with regard to property in dispute situated at 539Kha/754, Ward - Rafi Ahmad, Kidwai Nagar, Badi Jugauli, Gomtinagar is pending consideration before the civil Court. The allegations in the complaint pertain to use of caste related words as detailed in para 10 of the complaint, which do not disclose time and place of occurrence. It seems that general allegations have been levelled which cannot be substantiated in the manner they have been stated. Neither is time nor place is mentioned from which it can be observed whether any cognizable offence is made out even if the allegations levelled are deemed to be correct. 10. This Court do not find any infirmity in the impugned order, declining to pass any order for registration of first information report on the application under Section 173(4) of BNSS. The present appeal being devoid of merits is dismissed. Order Date :- 2.5.2025 A. Verma (Alok Mathur, J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench