Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 1402 of 2005 Petitioner :- Badan Singh Respondent :- State Of U.P. And Others Counsel for Petitioner :- Nasiruzzaman Counsel for Respondent :- Govt. Advocate,Rama Shankar
Hon'ble Aniruddha Singh,J.
None is present on behalf of petitioner even in the revised list/call. The writ petition is being decided on merit in absence of learned counsel for the petitioner.
Heard learned A.G.A. and perused the record.
This writ petition has been preferred by Badan Singh against State of U.P., Sushil Kumar Upadhyaya (Block Development Officer), Shiv Sankar Lal (Sub Inspector), Constable Chaudhry Dinesh Singh, Satish and Jyoti Kumar (Engineer) challenging the judgment and order dated 27.7.2004 in Complaint Case No. 1085/IX/04 (Badan Singh Vs. Sushil Kumar and others) passed by CJM, Mathura, rejecting revisionist's complaint under Section 203 Cr.P.C. and order dated 4.12.2004 in Criminal Revision No. 648 of 2004 (Badan Singh Vs. State of U.P.) passed by Session Judge, Mathura, whereby revision was dismissed.
The petition has been filed on the grounds that impugned orders are illegal, arbitrary, perverse and against the evidence available on record.
Learned A.G.A. submitted that there is no illegality, impropriety, material irregularity or jurisdictional error in the order impugned, hence the petition is liable to be dismissed.
From the perusal of record, it appears that complaint was filed against the government servants without sanction, which was mandatory under Section 197 Cr.P.C., as they were working during discharge of their official duty at the time of so called incident. The story narrated by the complainant was found unnatural and unbelievable. Both the courts below have recorded concurrent findings of fact and the view taken by both courts below is possible view.
In such circumstances, this Court finds no illegality, impropriety, material irregularity or jurisdictional error in the impugned order. No interference is called for. The present petition is bereft of merit and is hereby dismissed.
Interim order, if any, stands vacated.
Copy of this order be transmitted to the court concerned to proceed in accordance with law.
Order Date :- 25.9.2018 NS