RAM PAL v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 9 OTHERS
A482/11919/2023 · 2025-10-27
Rajeev Singh
body2025
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[ 2025 DAILYLAW 198719 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 198719 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 11919 of 2023 Court No. - 14 HON'BLE RAJEEV SINGH, J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present application is filed with the prayer to quash the order dated 18.10.2022 passed by learned Additional Chief Judicial Magistrate - IV, Hardoi as well as order dated 26.10.2023 passed by the learned Session Judge, Hardoi against the petitioner pending in the Court of learned Additional Chief Judicial Magistrate -IV, Hardoi and direct the concerned for registration of the F.I.R. on the basis of application under Section 156(3) Cr.P.C.
3. Learned counsel for the applicant submits that an incident was taken place, in which, applicant alongwith other family members received injuries but in place of lodging of the F.I.R. on the complainant, F.I.R. was lodged against the applicant and other family members on the complaint given by the private respondent. He further submits that applicant was sent to jail, therefore, application could not be filed under Section 156(3) Cr.P.C. and after release, same was filed but was rejected with the observation that it was filed after a long delay and the said application was treated as a complaint case. He also submits that proper investigation is necessary in the case, therefore, indulgence of this Court is necessary. Versus Counsel for Applicant(s) : Vineet Kumar Mishra, Yagyavesh Srivastava Counsel for Opposite Party(s) : G.A., Amit Trivedi, Arunendra Nath Mishra Ram Pal .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 9 Others .....Opposite Party(s)
4. Learned A.G.A. opposes the prayer of the applicant and submits that application of the applicant has already been treated as a complaint case and cognizance has also been taken, therefore, there is no illegality in the order passed by the court below. 5. Considering the submissions of learned counsel for the parties, going through the contents of the application as well as other relevant documents, it is evident from the record that application of the applicant is already treated as a complaint case, therefore, there is no illegality in the order passed by the court below. 6. In view of the discussions made hereinabove, the present application is dismissed. 7. It is open to the applicant to move appropriate application for clubbing of trial of the F.I.R.'s filed by both the sides.
October 27, 2025 GauraV/- A482 No. 11919 of 2023 2 (Rajeev Singh,J.) Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench