Neutral Citation No. - 2025:AHC:144674 Court No. - 82 Case :- APPLICATION U/S 528 BNSS No. - 29781 of 2025 Applicant :- Darshanik Raj Kumar Kaushik Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Abhishek Kumar Yadav,Ravindra Nath Yadav Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed today on behalf of applicant is taken on record. 2. Heard Sri Abhishek Kumar Yadav, learned counsel for applicant and Dr. S.B. Maurya, learned AGA-I for the State. 3. The instant application has been filed by the applicant with a prayer to quash the order dated 13.08.2024 passed by Additional Chief Judicial Magistrate, Court No.2, Ghaziabad in Misc. Application No. 441 of 2024, under Section 156(3) Cr.P.C. and order dated 04.04.2025 passed by District and Sessions Judge, Ghaziabad in Criminal Revision No. 239 of 2025 under Section 397 Cr.P.C. 4. Learned counsel for applicant submits, applicant moved an application against opposite party nos.2, 3 and 4 under Section 156(3) Cr.P.C. but vide order dated 13.08.2024 his application was dismissed by the concerned Magistrate and thereafter when he preferred criminal revision before Sessions Judge then Incharge Sessions Judge vide order dated 04.04.2025 dismissed his revision. He further submits, while passing the impugned orders dated 13.08.2024 and 04.04.2025 both the courts concerned committed illegality. 5. He next submits, applicant is Whistle blower and he filed several Public Interest Litigation petitions before this Court against opposite party nos. 2, 3 and 4 and in those PILs inquiry was conducted and due to this reason opposite party nos. 2, 3 and 4 became highly annoyed with the applicant and threatened him. 6. He further submits, even due to their fear a writ petition was moved by the applicant for providing safety and considering the entire facts of the case, this Court provided him security but after some years his security has been withdrawn. 7. He next submits, in the application moved under Section 156(3) Cr.P.C. applicant disclosed entire facts in detail and from his application it reflects, opposite party nos. 2, 3 and 4 indulged in commission of cognizable offences as they are dishonest public servant and from his application it also reflects, they are threatening the applicant but in spite of that his application moved under Section 156(3) Cr.P.C. has been firstly dismissed by the Magistrate and thereafter his revision has also been dismissed. 8. He further submits, from the application moved by the applicant under Section 156(3) Cr.P.C. it cannot be said that no cognizable offence against opposite party nos. 2, 3 and 4 is made out. 9. He further submits, therefore, impugned orders dated 13.08.2024 passed by the Magistrate concerned and 04.04.2025 passed by the Sessions Court both are illegal and are liable to be set aside. 10. Per contra, learned AGA opposed the prayer and submitted that applicant is misusing the process of law and he on the basis of false and frivolous allegations filed application under Section 156(3) Cr.P.C. 11. He further submits, from the application under Section 156(3) Cr.P.C. moved by the applicant it is apparent that it is based on vague facts and from its perusal no cognizable offence against opposite party nos. 2, 3 and 4 is made out, therefore, impugned orders dated 13.08.2024 and 04.04.2025 passed by the Magistrate and Sessions Court respectively cannot be said to be illegal, therefore, instant application is devoid of merits and it should be dismissed. 12. I have heard both the parties and perused the record of the case. 13. From the record, it reflects, applicant moved an application under Section 156(3) Cr.P.C against opposite party nos. 2, 3 and 4 but firstly learned Magistrate dismissed his application after observing that no cognizable offence is made out against opposite party nos. 2, 3 and 4 and thereafter when he preferred criminal revision before Sessions Court then his revision has also been dismissed. 14. From the application moved under Section 156(3) Cr.P.C. moved by the applicant it reflects, he filed several Public Interest Litigation petitions before this Court against opposite party nos. 2, 3 and 4 in which some inquiry was conducted and thereafter with the order of this Court security was also provided to the applicant but it reflects, subsequently the same was withdrawn and from the application moved by the applicant under Section 156(3) Cr.P.C. it reflects, according to him, opposite party nos. 2, 3 and 4 are dishonest and they continuously extracting illegal money and as applicant filed petitions before this Court against them, therefore, opposite party no.2, who is Police Commissioner, Ghaziabad started harassing him but from the entire allegations leveled by the applicant in the application moved under Section 156(3) Cr.P.C. it reflects, these allegations are vague, therefore prima facie it cannot be said that cognizable offences are made out against opposite party nos. 2, 3 and 4 and therefore, I find no illegality in the order dated 13.08.2024 passed by the learned Magistrate concerned by which his application under Section 156(3) Cr.P.C. has been dismissed as well as order dated 04.04.2025 passed by learned revisional court. 15. Therefore, considering the facts and circumstances of the case discussed above, in my view, the instant application filed by applicant is devoid of merits and is accordingly dismissed. Order Date :- 22.8.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad