Allahabad High Court
KULDEEP KUMARversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The High Court held that the trial court's dismissal of the Section 173(4) application was correct and did not merit interference.
Summary
Kuldeep Kumar filed an application under Section 173(4) of the Criminal Procedure Code seeking a direction to the police to register an FIR against two accused for alleged assault and damage to his motorcycle. The trial court dismissed the application, holding that the facts were solely in the complainant’s knowledge, no medical evidence of injury was produced, and the matter could be pursued as a private complaint. The revisionist appealed, arguing that the trial court failed to exercise its jurisdiction under Section 173(4). The High Court first condoned the delay in filing the revision and then examined the merits, concluding that the lack of corroborative medical evidence and the nature of the allegations did not warrant a direction to the police. Consequently, the Court found no error in the trial court’s decision and dismissed the criminal revision.
Issues considered
- Whether an application under Section 173(4) CrPC can be entertained when the alleged facts are known only to the complainant and lack medical evidence.
- Whether the trial court erred in treating the application as a complaint rather than exercising its jurisdiction to direct the police to register an FIR.
- Whether the absence of a cognizable offence in the application precludes the issuance of a direction to the police.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 173(4)
Subjects
- criminal revision
- Section 173(4)
- FIR
- cognizable offence
- medical evidence
- assault
- delay condonation
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL REVISION DEFECTIVE No. - 905 of 2026
Kuldeep Kumar
.....Revisionist(s)
Versus
State Of U.P. And 2 Others
.....Opposite
Party(s)
Counsel for Revisionist(s) : Mukesh Kumar Khare, Om
Prakash
Counsel for Opposite Party(s) : G.A.
Court No. - 86
HON'BLE SUBHASH CHANDRA SHARMA, J.
Order on Delay condonation Application
The cause shown in the affidavit filed in support of the
application is sufficient to condone the delay.
Accordingly, the delay in filing the revision is, hereby, condoned.
The revision be treated to be filed within time.
Order on Revision.
Heard learned counsel for the revisionist as well as learned
A.G.A.
The present criminal revision has been filed by the revisionist
with prayer to allow the revision and set aside the impugned
order dated 24.12.2025 passed by learned Judicial
Magistrate/Civil Judge (Junior Division), Banda in Criminal
Misc. Case NO. 57/XI/2025 by which the learned trial court has
dismissed the application u/s 173(4) BNSS.
It is submitted by learned counsel for the revisionist that in this
case, an application under Section 173(4) BNSS was filed by the
revisionist to direct the police station to lodge an F.I.R. against
the opposite party nos. 2 and 3. The facts in brief were that the
revisionist was coming back to his house by motorcycle on
26.10.2025 at about 9.30 p.m. and when he arrived at bypass
CRLRD No. 905 of 2026
2
road Tindwari, the opposite party nos. 2 and 3 came out and stop
the motorcycle and then committed marpeet with the revisionist
and also caused damage to the motorcycle. The revisionist
sustained injuries on his abdomen and ribs. In the meantime, a
truck passed on the road as a result the accused persons went
away by threatening him. He called police on dial 100 which
took him to the hospital and thereafter he went to the police
station to lodge the F.I.R. but it was not lodged. He sent an
application through registered post to S.S.P. but no action was
taken as a result he filed present application before the learned
court but it was rejected vide order dated 24.12.2025 illegally.
The learned trial court must have treated the application as
complaint but failed to exercise the jurisdiction vested in it,
therefore, request to set it aside the order passed by learned court
and allow the revision.
Learned A.G.A. opposed the prayer as aforesaid and contended
that in this case, all the facts are in the knowledge of the
revisionist and it does not require any investigation or recovery,
therefore, he may have an option to file complaint in this regard.
He also contended that no cognizable offence is disclosed from
contents of the application moved by the revisionist. As a result
no such direction can be given to the police to lodge the F.I.R.
There is no any medical report supporting the allegation of the
revisionist. The parcha from District Hospital Banda has been
filed on which some medicines are mentioned but there is no
mention of injuries on the person of the injured/revisionist. All
these facts were taken into consideration by the learned trial court
while passing the order in question.
On considering the facts and circumstances of the case,
submissions made by learned counsel for the revisionist as well
as learned A.G.A. perusal of record, the contents of the
application under Section 173(4) BNSS and order dated
24.12.2025 passed by learned trial court, it appears that though
there is allegation of marpeet by opposite party nos. 2 and 3 with
the revisionist causing injuries on his abdomen and ribs but there
is a parcha from district Hospital Banda in which only 2-3
medicines are mentioned but there is no mention of any injury
CRLRD No. 905 of 2026
3
present on the person of the injured/revisionist to show that he
sustained injuries on his person in the incident. On the other
hand, all the facts are in the knowledge of the revisionist himself
and matter does not require any kind of recovery or search,
therefore, he may have an option to file complaint against them in
this regard and order passed by learned trial court dated
24.12.2025 will not come in the way as bar.
Accordingly, the order passed by learned trial court does not
require any interference by this Court and this criminal revision is
dismissed.
May 6, 2026
Anurag Singh
(Subhash Chandra Sharma,J.)
Digitally signed by :-
ANURAG SINGH
High Court of Judicature at Allahabad
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