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RAM MANOHAR NARAYAN MISHRA
Shrikrishna Gupta – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
RAM MANOHAR NARAYAN MISHRA, J.
1. Instant criminal revision preferred against the impugned order dated 1.1.2024 passed by the learned Additional Sessions Judge/special Judge, Dacoity Affected Area Mainpuri in Misc. Criminal Complaint Case No. 18 of 2019 whereby the complaint has been dismissed under section 203 Cr.P.C.
2. Heard Learned counsel for the revisionist, learned counsel appearing for the respondent no. 7 as well as learned AGA for the State and perused the material available on record.
3. As per office report dated 3.4.2024 as well as learned C.J.M., Mainpuri, respondent no. 3, namely, Meera Devi has died. Notices are served to all respondents.
4. Learned counsel for the revisionist submits that the revisionist has filed an application under section 156(3) Cr.P.C. with the allegation that applicant's son Mohit was married with opposite party no. 7 in January, 2015 as per Hindu Rights and Rituals and from the wedlock a child was born who was about 11 months. On 23.6.2017, some dispute took place between his son Mohit and his wife due to which his wife Akanchha went to her parental home along with her son. The opposite party no. 7 has mislead her family members and on
The court upheld the dismissal of a complaint under Section 203 Cr.P.C. due to contradictions in witness statements and the absence of a prima facie case for summoning the accused.
The magistrate has discretionary power to order investigation under Section 156(3) Cr.P.C. based on genuine petitions containing truthful allegations and the application under Section 156(3) should b....
The issuance of process in serious criminal offenses must not be mechanical; proper evaluation of evidence and roles of each accused is essential for establishing a prima facie case.
The court emphasized that the issuance of process against accused must be based on a proper assessment of evidence, ensuring that legal proceedings are not misused by summoning accused individuals wi....
The absence of a complainant pursuing a revision does not justify dismissal of the complaint under Section 203, and revisions against orders treating applications under Section 156(3) as complaints a....
The need for a responsible invocation of the power u/s 156 (3) Cr.P.C. and the mandatory nature of Section 154(1) of the Code for registration of FIRs.
The court ruled that allegations of sexual assault necessitate the registration of an FIR without preliminary inquiry, emphasizing the need for judicial scrutiny in such cases.
A Magistrate has the discretion to either register a case under Section 156(3) or treat it as a complaint; there is no obligation to register every application as an F.I.R.
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