Radhey Shyam Bharti vs State of U. P.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(All) 222

Radhey Shyam Bharti – Appellant
Versus
State of U. P. – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Ms. Pooja

JUDGMENT :

1. Heard Ms. Pooja, Advocate, the learned counsel for the revisionist and the learned A.G.A. appearing for the State-respondent.

2. By means of the instant revision under Section 397/401 Cr.P.C., the revisionist has challenged the legality and validity of the order dated 21.09.2021 passed by the learned Special Judge, SC/ST (POA) Act, Sonebhadra in Criminal Misc. Case No. 194 of 2021 whereby the revisionist’s application under Section 156 (3) Cr.P.C. for issuing a direction for registration of an FIR, has been rejected.

3. On 28.07.2021, the revisionist had filed an application under Section 156 (3) Cr.P.C. alleging that he is a person belonging to the Scheduled Caste. He has let out some portion of his land to a mobile communication company which has installed a mobile tower on the land and has taken an electricity service connection for the same. The revisionist uses electricity for his domestic use from the service connection of the mobile company. The revisionist has let out a building constructed on another part of the said land to one Anuj Kumar for doing some work and electricity from the service connection of the mobile company is being used for that work also.

4. Th