Rai Singh vs State of U.P. and Others

Manoj Misra, J.—Heard learned counsel for the revisionist and learned A.G.A for the State. By this revision application, the revisionist has challenged the order dated 31.10.2012 passed by the Additional District and Sessions Judge (Ex-cadre), Court No. 14, Budaun in Complaint Case No. 10 of 2012, whereby the complaint of the revisionist has been dismissed, u/s 203, Cr.P.C.

A perusal of the record reveals that the I complaint was filed with allegation that the Officers of the Electricity Department were illegally demanding money from the complainant and when the complainant did not pay him the money, the Officers of the Electricity Department raided the premises of the complainant and have illegally disconnected the connection and lodged a first information report against the complainant and his family members.

Considering the nature of the allegations the court below carefully examined the statements recorded under sections 200 and 202 Cr.P.C. and found that the allegations were quite unbelievable and not substantiated by the statements, accordingly, the complaint was dismissed.

As admittedly the Electricity Department has filed a criminal case against the complainant, the proper course for the complainant is to contest the case and set up his defence. Complaint against as many as six members of the Electricity Department including officers, without any cogent and proper material to support the allegations, was rightly dismissed by the learned Magistrate. I, therefore, do not find any illegality in the order passed by the court below. The revision application is dismissed.