Allahabad High Court
BHARAT SINGH @ RAMHARAKH SINGHversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- VIKRAM D CHAUHAN
Holding
The High Court held that the trial and revisional courts did not err in rejecting the Section 173(4) application and therefore the petition cannot be set aside.
Summary
The petitioners, Bharat Singh and Ramharakh Singh, sought to set aside an order of the Additional District & Sessions Judge and a subsequent order of the Chief Judicial Magistrate that rejected their application under Section 173(4) of the Criminal Procedure Code, alleging harassment by a court official and demand for money for a copy of an order. They contended that the trial court erred in invoking Section 195(1)B(2) CrPC, which bars interference in court proceedings, to dismiss their request for the document. The High Court examined whether the lower courts had committed any procedural or substantive error in treating the matter as a court proceeding. It concluded that the trial and revisional courts correctly applied the law and that no error was apparent. Consequently, the petition was disposed of, but the petitioners were given liberty to raise their grievance directly before the presiding officer of the concerned court.
Issues considered
- Whether the application under Section 173(4) CrPC for a copy of a court order can be rejected on the ground that it pertains to court proceedings under Section 195(1)B(2) CrPC.
- Whether the trial court and revisional court committed any error in dismissing the petitioner's application.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 173(4), 195(1)B(2)
Subjects
- Section 173(4) application
- Section 195(1)B(2) CrPC
- court proceedings
- revision
- Article 227
- access to court records
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 4475 of 2026
Bharat Singh @ Ramharakh Singh
.....Petitioner(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Petitioner(s) : Santosh Kumar Rai, Surendra Kumar
Chaubey
Counsel for Respondent(s) : G.A.
Court No. - 73
HON'BLE VIKRAM D. CHAUHAN, J.
1. The present petition is filed by the petitioner praying for following
reliefs:-
"i) Set-a-side the impugned order dated 24.7.2025 (Annexure no.1 to the
petition) passed by learned Additional District & Sessions Judge, Court
No.1, Mau in Criminal Revision No.30 of 2025, Peshkar (Chandilal) Vs.
State of U.P. & another and impugned order dated 28.1.2025 (Annexure
no.2 to the petition) passed by Chief Judicial Magistrate, Mau in
Criminal Misc. Application No.392 of 2025, Bharat Singh & Ramharakh
Singh Vs. Peshkar (Chandilal), under Section 173(4) B.N.S.S., Police
Station Kotwali Nagar, District Mau.
ii) direct the learned Additional Chief Judicial Magistrate, Mau to allow
the application under Section 173(4) B.N.S.S. moved by the petitioner."
2. It is submitted by learned counsel for the petitioner that the application
under Section 173(4) B.N.S.S. has been rejected. The allegation is to the
effect that the respondent no.2, who is Peshkar in the office of Additional
District Magistrate was harassing the petitioner in respect of one case and
was not showing the file. An order was prepared and the same was kept in
file against the petitioner and when the petitioner applied for copy of the
aforesaid order, some amount has been demanded by the respondent no.2
from the petitioner. The trial court has rejected the aforesaid application
under Section 195(1)B(2) Cr.P.C. as the matter pertains to court
proceedings. Against the order passed by the trial court the petitioner file
A227 No. 4475 of 2026
2
a revision, which has also been rejected by the revisional court.
3. It is to be seen that in the present case the dispute is with regard to
court proceedings and the trial court as well as revisional court committed
no error in passing the impugned orders.
4. At this stage, learned counsel for the petitioner submits that the
petitioner may be permitted to approach the court concerned and bring to
the notice to the concerned Presiding Officer about the incident.
5. In view of the aforesaid, the present petition is disposed of with liberty
to the petitioner to raise his grievance before the Presiding Officer of the
court concerned, who may consider the same and pass appropriate orders.
(Vikram D. Chauhan,J.)
May 6, 2026
Bhaskar
Digitally signed by :-
BHASKAR
High Court of Judicature at Allahabad
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