Allahabad High Court
SANTRAJ YADAVversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The criminal revision is dismissed as being devoid of merit.
Summary
Santraj Yadav filed a criminal revision under Section 173(4) of the B.N.S.S. seeking a direction to the police to lodge an FIR against his daughter‑in‑law and her brother, alleging false allegations. The trial court had dismissed the application as false and frivolous, noting that the dispute stemmed from a matrimonial conflict between the parties. The High Court examined the record, observed the matrimonial dispute, and found no illegality in the trial court’s order. It held that the revision was without merit and was filed merely to harass the opposite parties. Consequently, the High Court dismissed the criminal revision.
Issues considered
- Whether the criminal revision under Section 173(4) of the B.N.S.S. is maintainable in the present circumstances.
- Whether the trial court’s dismissal of the application as false and frivolous was justified.
Legislation cited
- B.N.S.S. — s. 173(4)
Subjects
- criminal revision
- Section 173(4)
- false application
- frivolous
- matrimonial dispute
- harassment
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL REVISION No. - 4134 of 2025
Santraj Yadav
.....Revisionist(s)
Versus
State Of U.P. And 2 Others
.....Opposite
Party(s)
Counsel for Revisionist(s) : Babu Ram Yadav
Counsel for Opposite Party(s) : G.A., Vijay Kumar Pandey
Court No. - 86
HON'BLE SUBHASH CHANDRA SHARMA, J.
List revised none appeared for the revisionist even in the revised call.
Learned counsel for the opposite party Sri Vijay Kumar Pandey as well as
learned A.G.A. are present.
Since this is criminal revision and cannot be dismissed in default but it is to
be decided on merit.
This criminal revision has been filed with a prayer to allow the present
revision against the order dated 30.04.2025 passed by learned Chief Judicial
Magistrate, Jaunpur in Criminal Application No. 140 of 2025 (Santraj Vs.
Smt. Anju Yadav and Another) under Section 173(4) B.N.S.S., Police
Station Kotwali, District Jaunpur.
Learned counsel for the opposite party as well as learned A.G.A. argued that
in this case the revisionist is Sasur of opposite party no. 2 whose brother is
opposite party no. 3. Opposite party no. 2 is married to the son of the
revisionist. There is matrimonial dispute between the revisionist and
opposite party no. 2 regarding which there is litigation. For making
harassment of the opposite party nos. 2 and 3, present application was filed
by the revisionist under Section 173 (4) of B.N.S.S. before the learned court
to direct the police to lodge an F.I.R. against the opposite party nos. 2 and 3
by making false allegations in the application which was heard and decided
by the learned trial court by order dated 30.04.2025 against which present
revision has been filed only for the purposes of harassment of opposite party
nos. 2 and 3. The learned trial court has dismissed the application on the
ground of the application being false and frivolous.
On considering the facts and circumstances of the case, submissions made
by learned counsel for the opposite party as well as learned A.G.A. and
perusal of record, the order passed by the learned trial court dated
CRLR No. 4134 of 2025
2
30.04.2025, it transpires that there is matrimonial dispute between opposite
party nos. 2 and her husband, the son of the revisionist and cases are going
on between both of them. The opposite party no. 2 was married to the son of
the revisionist in the year 2007 and has a son aged about 14 years. Due to
dispute between both the parties present application has been filed by the
revisionist against the opposite party nos. 2 and 3. The learned trial court has
passed the order in question dated 30.04.2025 after considering the material
on record. There appears no any illegality or impropriety in the order passed
by the learned trial court dated 30.04.2025 but this revision being devoid of
merit is liable to be dismissed.
Accordingly, this criminal revision is dismissed.
May 14, 2026
Suraj Srivastav
(Subhash Chandra Sharma,J.)
Digitally signed by :-
SURAJ SRIVASTAVA
High Court of Judicature at Allahabad
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