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2025 DAILYLAW 193831 (ALL)

KAYYUM ALI v. STATE OF U.P. AND 4 OTHERS

CRLR/5761/2024 · 2025-10-08

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 5761 of 2024 Court No. - 90 HON'BLE HARVIR SINGH, J. 1. Heard Sri Whaquar Ahmad, learned counsel for the revisionist, learned A.G.A for the State, learned counsel for opposite party nos. 2 to 4 and perused the material on record. 2. The present revision has been filed against the order dated 05.08.2024 passed by learned Chief Judicial Magistrate, District, Shahjahanpur, in Criminal Misc. Case No. 517 of 2024, Police Station Rauja, District Shahjahanpur, by which the application of the revisionist under Section 156(3) Cr.P.C. has been dismissed. The main grievance of the revisionist is that the revisionist visited some police station and was man handled by the opposite party nos. 2 to 5. 3. Learned counsel for the revisionist has submitted that the learned Chief Judicial Magistrate, Room No. 14, Shahjahanpur, vide order dated 29.04.2024 has directed the concerned S.H.O. to submit the video recording of the incident, though, a detailed report has been filed, not by the S.H.O., but the Circle Officer and he has submitted a detailed report dated 14.07.2024 in the court of learned Magistrate concerned, but the video of the said incident was never presented before the court. Learned counsel for the revisionist has further submitted that, had the video clip would have been produced in the Court, then the entire truth of the incident would have been revealed, but not by doing so, the entire matter has been hushed up by the concerned police station. 4. On the other hand, learned counsel appearing on behalf of the opposite party nos. 2 to 4 has submitted that, no such incident of misbehaving with the revisionist ever took place and a detailed report has been submitted by Versus Counsel for Revisionist(s) : Yaheya, Bilal Hasan, Vipul Shukla, Whaquar Ahmad Counsel for Opposite Party(s) : G.A., Sunil Kumar Dubey Kayyum Ali .....Revisionist(s) State Of U.P. And 4 Others .....Opposite Party(s) the then Circle Officer, before the court of concerned Chief Judicial Magistrate and based on the said report the learned Chief Judicial Magistrate passed a detailed order. He lastly prayed that no interference is called for in the present revision. 5. Having regard to the rival contentions made by the learned counsel for the parties, a final order dated 05.08.2024 has been passed by learned Chief Judicial Magistrate, District, Shahjahanpur, the application of the revisionist moved under Section 156(3) Cr.P.C. The learned Chief Judicial Magistrate, District, Shahjahanpur, has taken cognizance of the report dated 14.07.2024 submitted by the then Circle Officer, but the said report is silent, so far as order dated 29.04.2024 regarding the said video clip was not presented to the court. 6. Be that as it may, as on date the said video clip may not be available, for the reason, that the sufficient time has elapsed, that is to say 1 and 1/2 year has gone and calling for the video clip would be an exercised in futility. However, the revisionist may raise his grievance to the concerned Superintendent of Police, who may in turn to seek the explanation of concerned S.H.O., as to why the said video clip was not supplied to the court, despite being a judicial order dated 29.04.2024, if any such, representation is made to the concerned Superintendent of Police by the revisionist, the same shall be decided by the concerned Superintendent of Police within three months, by seeking explanation to the concerned S.H.O., if posted elsewhere and the matter be referred to the same district, where the S.H.O. is posted as on date. 7. With the aforesaid directions the present revision is disposed of. October 9, 2025 Vikram CRLR No. 5761 of 2024 2 (Harvir Singh,J.) Digitally signed by :- VIKRAM SINGH High Court of Judicature at Allahabad