High Court

Revisionist :- Sarvajeet Singh Patel Opposite Party :- State Of U.P. And 6 Others Counsel for Revisionist :- G.K. Srivastava Counsel for Opposite Party :- G.A. Hon'ble Manjive Shukla,J.

1. Heard Mr. Mohd. Isa Khan, Advocate holding brief of Mr. G.K. Srivastava, learned counsel appearing for the revisionist and learned Additional Government Advocate appearing for the State.

2. The instant criminal revision has been filed challenging therein, the order dated 22.01.2025 passed by the learned Judicial Magistrate IIIrd, Allahabad whereby, the revisionist's application filed under Section 156(3) Cr.P.C. had been rejected without assigning any reason.

3. For ready reference, the order dated 22.01.2025 is extracted as under:-

22.01.25 " आज पपश थथनप सप कप स डथयरर कप सथथ वववपचक उपससथत पथथरनथ पत ररपपरर कप आधथर पर पथथरनथ पत वनरसत वकयथ जथतथ हह।"

4. It is necessary to note down the relevant facts of the case which are as under:- i). The revisionist initially filed a Criminal Misc. Writ Petition No.13271 of 2023 wherein, he alleged that the police is in collusion with the accused persons and therefore, neither the accused persons have been arrested nor any Charge Sheet has been filed against them. The Division Bench of this Court disposed of the writ petition vide order dated 22.8.2023 whereby, the revisionist was given liberty to file an application under Section 156(3) Cr.P.C. before the learned Magistrate concerned with further direction to the learned Magistrate to consider and decide the said application as per the law laid down by the Hon'ble Supreme Court in its judgment rendered in the case of M. Subramaniam and another Vs. S. Janaki and another, 2020 SCC Online SC 341. ii) The revisionist pursuant to the aforesaid order dated 22.8.2023 filed an application before the learned Judicial Magistrate IIIrd, Allahabad wherein, he had categorically pointed out that the Investigation Officer has not conducted proper investigation and he is in collusion with the accused persons therefore, the learned Magistrate may call upon the Investigation Officer and to see that the investigation in the matter is done in proper manner. The application filed by the revisionist, under Section 156(3) Cr.P.C., was rejected by the learned Magistrate on 30.9.2024 for want of prosecution. iii) The revisionist again filed an application under Section 156(3) Cr.P.C. with the same allegations and prayer which he had made in his earlier application. This time learned Magistrate had rejected the application filed by the revisionist, vide order dated 22.01.2025 which is absolutely an unreasoned order.

5. Since it is bare minimum, which is required from a Judicial Magistrate that if an order is being passed by him, he will apply his mind and his application of mind must reflect in the order in the form of the reasons but in the order impugned in this criminal revision, neither the application of mind is reflected nor any reason has been assigned while rejecting the application filed by the revisionist under Section 156(3) Cr.P.C.

6. Learned Magistrate while passing the order dated 22.01.2025, even has not expressed his satisfaction that after looking into the papers relating to the investigation he is satisfied that proper investigation has been done in the matter.

7. This Court, while entertaining this criminal revision filed against the order dated 22.01.2025, passed a detailed order on 19.3.2025 which is extracted as under:- "1. Heard learned counsel appearing for the revisionist and learned Additional Government Advocate appearing for the State.

2. The instant criminal revision has been filed challenging therein, the order dated 22.1.2025 whereby, the learned Judicial Magistrate IIIrd, Allahabad had rejected the application filed by the revisionist for monitoring the investigation, without assigning any reason.

3. Learned counsel appearing for the revisionist contends that the revisionist earlier filed Criminal Misc.Writ Petition No.13271 of 2023 wherein, he requested the Court for a direction to the Investigation Officer to conduct the investigation in proper manner. The Division Bench of this Court finally disposed of the said writ petition vide order dated 22.8.2023 whereby, the revisionist was granted liberty to file an application under Section 156(3) Cr.P.C. before the Magistrate concerned. In compliance of the order dated 22.8.2023, the revisionist filed an application under Section 156(3) Cr.P.C. before the Magistrate concerned, on 27.9.2023.

4. Learned counsel appearing for the revisionist has argued that the application filed by the revisionist had been rejected by the

5. I have perused the order dated 22.1.2025 and I find that the learned trial court had rejected the application filed by the revisionist without assigning even a single reason.

6. List this matter on 3.4.2025 as fresh, in top ten cases.

7. The Judicial Magistrate IIIrd, Allahabad is directed to submit a report before this Court explaining therein, as to why he has passed such an order where no reasons have been assigned for rejecting the application filed by the revisionist.

8. The Registrar (Compliance) is directed to communicate this order to the learned Judicial Magistrate IIIrd, Allahabad."

8. In compliance of the aforesaid order passed by this Court, the learned Judicial Magistrate IIIrd, Allahabad had submitted a report before this Court wherein, he has tried to convince this Court that no reasons are required for rejecting the application filed by the revisionist under Section 156(3) Cr.P.C.

9. This Court is little surprised to see the explanation given by the learned Magistrate, as it is imperative that if any application is filed before the Magistrate with certain grounds and prayer, the learned Magistrate is under obligation to consider those facts and thereafter to record his satisfaction and only then the application can be decided. Even otherwise, the Judicial Officer dealing with the matter is supposed to pass a reasoned order so that the application of mind on the part of the Judicial Officer may reflect in the order in the form of the reasons.

10. In the aforesaid circumstances, let this matter be listed on 7.4.2025, as first case at 10.00 A.M.

11. Learned Judicial Magistrate IIIrd, Allahabad is directed to remain present before this Court on the next date.

12. The Registrar (Compliance) is directed to communicate this order to the learned Judicial Magistrate IIIrd, Allahabad for necessary compliance. Order Date :- 3.4.2025 Salim

Revisionist :- Sarvajeet Singh Patel Opposite Party :- State Of U.P. And 6 Others Counsel for Revisionist :- G.K. Srivastava Counsel for Opposite Party :- G.A. Hon'ble Manjive Shukla,J.

1. Heard Mr. Mohd. Isa Khan, Advocate holding brief of Mr. G.K. Srivastava, learned counsel appearing for the revisionist and learned Additional Government Advocate appearing for the State.

2. The instant criminal revision has been filed challenging therein, the order dated 22.01.2025 passed by the learned Judicial Magistrate IIIrd, Allahabad whereby, the revisionist's application filed under Section 156(3) Cr.P.C. had been rejected without assigning any reason.

3. For ready reference, the order dated 22.01.2025 is extracted as under:-

22.01.25 " आज पपश थथनप सप कप स डथयरर कप सथथ वववपचक उपससथत पथथरनथ पत ररपपरर कप आधथर पर पथथरनथ पत वनरसत वकयथ जथतथ हह।"

4. It is necessary to note down the relevant facts of the case which are as under:- i). The revisionist initially filed a Criminal Misc. Writ Petition No.13271 of 2023 wherein, he alleged that the police is in collusion with the accused persons and therefore, neither the accused persons have been arrested nor any Charge Sheet has been filed against them. The Division Bench of this Court disposed of the writ petition vide order dated 22.8.2023 whereby, the revisionist was given liberty to file an application under Section 156(3) Cr.P.C. before the learned Magistrate concerned with further direction to the learned Magistrate to consider and decide the said application as per the law laid down by the Hon'ble Supreme Court in its judgment rendered in the case of M. Subramaniam and another Vs. S. Janaki and another, 2020 SCC Online SC 341. ii) The revisionist pursuant to the aforesaid order dated 22.8.2023 filed an application before the learned Judicial Magistrate IIIrd, Allahabad wherein, he had categorically pointed out that the Investigation Officer has not conducted proper investigation and he is in collusion with the accused persons therefore, the learned Magistrate may call upon the Investigation Officer and to see that the investigation in the matter is done in proper manner. The application filed by the revisionist, under Section 156(3) Cr.P.C., was rejected by the learned Magistrate on 30.9.2024 for want of prosecution. iii) The revisionist again filed an application under Section 156(3) Cr.P.C. with the same allegations and prayer which he had made in his earlier application. This time learned Magistrate had rejected the application filed by the revisionist, vide order dated 22.01.2025 which is absolutely an unreasoned order.

5. Since it is bare minimum, which is required from a Judicial Magistrate that if an order is being passed by him, he will apply his mind and his application of mind must reflect in the order in the form of the reasons but in the order impugned in this criminal revision, neither the application of mind is reflected nor any reason has been assigned while rejecting the application filed by the revisionist under Section 156(3) Cr.P.C.

6. Learned Magistrate while passing the order dated 22.01.2025, even has not expressed his satisfaction that after looking into the papers relating to the investigation he is satisfied that proper investigation has been done in the matter.

7. This Court, while entertaining this criminal revision filed against the order dated 22.01.2025, passed a detailed order on 19.3.2025 which is extracted as under:- "1. Heard learned counsel appearing for the revisionist and learned Additional Government Advocate appearing for the State.

2. The instant criminal revision has been filed challenging therein, the order dated 22.1.2025 whereby, the learned Judicial Magistrate IIIrd, Allahabad had rejected the application filed by the revisionist for monitoring the investigation, without assigning any reason.

3. Learned counsel appearing for the revisionist contends that the revisionist earlier filed Criminal Misc.Writ Petition No.13271 of 2023 wherein, he requested the Court for a direction to the Investigation Officer to conduct the investigation in proper manner. The Division Bench of this Court finally disposed of the said writ petition vide order dated 22.8.2023 whereby, the revisionist was granted liberty to file an application under Section 156(3) Cr.P.C. before the Magistrate concerned. In compliance of the order dated 22.8.2023, the revisionist filed an application under Section 156(3) Cr.P.C. before the Magistrate concerned, on 27.9.2023.

4. Learned counsel appearing for the revisionist has argued that the application filed by the revisionist had been rejected by the

5. I have perused the order dated 22.1.2025 and I find that the learned trial court had rejected the application filed by the revisionist without assigning even a single reason.

6. List this matter on 3.4.2025 as fresh, in top ten cases.

7. The Judicial Magistrate IIIrd, Allahabad is directed to submit a report before this Court explaining therein, as to why he has passed such an order where no reasons have been assigned for rejecting the application filed by the revisionist.

8. The Registrar (Compliance) is directed to communicate this order to the learned Judicial Magistrate IIIrd, Allahabad."

8. In compliance of the aforesaid order passed by this Court, the learned Judicial Magistrate IIIrd, Allahabad had submitted a report before this Court wherein, he has tried to convince this Court that no reasons are required for rejecting the application filed by the revisionist under Section 156(3) Cr.P.C.

9. This Court is little surprised to see the explanation given by the learned Magistrate, as it is imperative that if any application is filed before the Magistrate with certain grounds and prayer, the learned Magistrate is under obligation to consider those facts and thereafter to record his satisfaction and only then the application can be decided. Even otherwise, the Judicial Officer dealing with the matter is supposed to pass a reasoned order so that the application of mind on the part of the Judicial Officer may reflect in the order in the form of the reasons.

10. In the aforesaid circumstances, let this matter be listed on 7.4.2025, as first case at 10.00 A.M.

11. Learned Judicial Magistrate IIIrd, Allahabad is directed to remain present before this Court on the next date.

12. The Registrar (Compliance) is directed to communicate this order to the learned Judicial Magistrate IIIrd, Allahabad for necessary compliance. Order Date :- 3.4.2025 Salim