VIKAS BUDHWAR
Ram Pratap Singh – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
1. Heard Sri Man Bahadur Singh, learned counsel for the applicant and Sri Munne Lal, learned AGA for the State.
2. This is a revision under Section 397/401 of the Cr.P.C. instituted by the revisionist herein challenging the order dated 13.4.2022 passed by learned Chief Judicial Magistrate, Azamgarh passed in Criminal Case No.99 of 2022 (Ram Pratap Singh Vs. Rakesh Singh and others) rejecting the application so preferred Under Section 156(3) Cr.P.C., Police Station Kotwali (Shahar), District Azamgarh.
3. Learned counsel for the revisionist has argued that he is the member of one of the committee of the Ruling party and so far as the opposite party nos. 2 to 4 are concerned they are also having some political connections. According to learned counsel for the revisionist on 4.2.2022 the revisionist received a phone call from the opposite party no.2 requiring him to present in the house and the revisionist thereafter proceeded to his house on 11.35 wherein the opposite party nos. 2 to 4 were already present and they hurled abuses in Hindi vernacular and thereafter administered beating and robbed the revisionist of an amount of Rs.8500/-. He has further argued that he had taken
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Priyanka Srivastava and Ors. vs. State of U.P. and Ors.
Point of law : Applications under Section 156(3) Cr.P.C. are now coming in torrent and thus exercise of the powers under Section 156(3) Cr.P.C. should be used sparingly and not in routine manner.
Point of Law : Magistrate while exercising powers under Section 156(3) of the Cr.P.C. cannot act as a post office as the Magistrate has to apply his mind with regard to the fact as to whether the cas....
Revision under Section 397(1) Cr.P.C. read with Section 401 Cr.P.C. not maintainable against the revisionary order of the Sessions Judge - No grounds for exercise of inherent power by this Court unde....
The court emphasized the procedural propriety requiring litigants to first approach subordinate courts before the High Court unless exceptional circumstances justify bypassing this route.
The public prosecutor must independently assess the legitimacy of withdrawal from prosecution under Section 321 Cr.P.C, ensuring it serves public justice.
Proposed accused must be heard in revision against Magistrate's rejection of Section 156(3) CrPC application; no prejudicial order without opportunity under Section 401(2), applicable to Sessions Jud....
Magistrate's rejection of Section 156(3) CrPC application is final order, revisable under Section 397 CrPC before Sessions Court; writ under Article 226 not entertained due to efficacious alternate r....
(1) No revision shall be entertained at instance of victim against order of acquittal in a case where no appeal is preferred and victim is to be relegated to file appeal.(2) Right provided to victim ....
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