Allahabad High Court
DEVANK CHAUDHARYversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- HARVIR SINGH
Holding
The orders of the Chief Judicial Magistrate and the Additional Sessions Judge are set aside and the matter is remitted for a fresh order.
Summary
The applicant filed a criminal complaint alleging that his father, Satyaveer Singh, was murdered in a conspiracy involving Sohanveer, Arjun Singh and others, and that the police had failed to act despite a DSP report identifying the accused. The Chief Judicial Magistrate dismissed the complaint under Section 203 CrPC without examining the complainant’s statement (Sec 200) and witness statements (Sec 202). The applicant’s revision before the Additional Sessions Judge was also dismissed. The High Court held that the magistrate and the Additional Sessions Judge erred by not considering the material evidence and the DSP’s report, and therefore set aside both orders, remitting the matter to the magistrate/Additional Sessions Judge to pass a fresh order in line with the evidence. The court directed that the complaint be reconsidered and appropriate investigation under Sections 120‑B, 302, 504, 506 IPC be ordered.
Issues considered
- Whether the order of the Chief Judicial Magistrate dismissing the complaint under Section 203 CrPC is legally valid in view of the material evidence on record.
- Whether the revision order of the Additional Sessions Judge should be set aside for failure to consider the statements under Sections 200 and 202 CrPC and the DSP’s investigation report.
- Whether the court is obliged to direct a fresh investigation and FIR based on the evidence of conspiracy and the DSP’s findings.
Legislation cited
- Arms Act
- Code of Criminal Procedure, 1973 — s. 200, 202, 203
- Indian Penal Code — s. 120-B, 302, 504, 506
Subjects
- murder
- conspiracy
- complaint dismissal
- Criminal Procedure Code
- Indian Penal Code
- police inaction
- FIR
- Section 528 BNSS
- high court
- remand
- fresh order
Judgment
Judgement Reserved on 08.07.2026
Judgement Delivered on 01.10.2026
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 48635 of 2025
Devank Chaudhary
.....Applicant(s)
Versus
State Of U.P. And 2 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Ronak Chaturvedi
Counsel for Opposite Party(s) : G.A., Shams Uz Zaman
Court No. - 68
HON'BLE HARVIR SINGH, J.
1. Heard Sri Ronak Chaturvedi, learned counsel for the applicant, Sri
Shams Uz Zaman, learned counsel for the opposite party nos.2 and 3
and learned A.G.A. for the State.
2. The instant application U/s 528 BNSS has been filed against the
order dated 21.08.2025 passed by the learned Additional Sessions
Judge, Fast Track Court No.2, Baghpat in Criminal Revision No.76 of
2025, by which the said Revision No.76 of 2025 was dismissed.
3. The applicant has also challenged the order dated 27.03.2025
passed by the learned Chief Judicial Magistrate, Baghpat, wherein
Complaint Case No.7064 of 2022 (Devang Chaudhary Vs. Sohanveer
and others), Police Station Baraut, District Baghpat, by which the
complaint of the applicant was dismissed under Sections 203 Cr.P.C.
4. Learned counsel for the applicant submits that the complaint of the
applicant has been dismissed by the learned C.J.M., Baghpat,
without going into the facts and the available evidence on record,
inasmuch as there was sufficient evidence on record to direct the
concerned police station to lodge the FIR under the relevant sections
and investigate the matter. However, the said application was
converted into a complaint case, and even after sufficient evidence
was brought on record, the said complaint has also been dismissed.
The order passed by the learned C.J.M. is illegal, arbitrary, and
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beyond the correct facts and events and, therefore, liable to be
quashed and set aside. He further submits that the revision preferred
by the applicant before the Court of the learned Additional Sessions
Judge has also been dismissed. He further submits that neither the
learned CJM nor the learned Additional Sessions Judge has gone
into the depth of the case and have ignored the statement of the
complainant recorded under Section 200 Cr.P.C., as well as the
statements of two other witnesses, CW-1 and CW-2, recorded at the
pre-summoning stage. However, ignoring the entire facts and
evidence on record, both the learned CJM and the learned Additional
Sessions Judge have dismissed the complaint and the revision filed
by the applicant, respectively.
5. Learned A.G.A. has opposed the prayer and submitted that the
order dated 27.03.2025 passed by the learned CJM and the order
dated 21.08.2025 passed by the learned ASJ are in accordance with
law and call for no interference by this Court.
6. From the perusal of the entire records, it appears that the
complaint filed by the applicant, the statements of complainant
recorded under Section 200 Cr.PC. and the statements of other two
witnesses recorded under Section 202 Cr.P.C., it can be inferred that
initially the father of the complainant allegedly got murdered by one
Sohanveer son of Sube Singh and Arjun Singh son of Sohanveer, as
a consequence of some conspiracy to eliminate the father of the
complainant and ultimately the father of the complainant namely
Satyaveer Singh got murdered.
7. The accused persons Sohanveer and others are allegedly enjoying
police protection till day. Upon the application of the informant, an
inquiry was conducted under the orders of the Deputy Inspector
General of Police, Meerut Range, Meerut, by Vandana Mishra,
Deputy Superintendent of Police, District Meerut. In this inquiry, the
involvement of Sohanveer Singh, Arjun Singh, Smt. Anju, and
Ashwani, residents of Elam, was found in the criminal conspiracy to
murder Satyaveer Singh, out of greed for his property worth 5–6
crores. But it is alleged that the police, after taking a hefty amount of
money, dropped the names of Sohanveer and Arjun Singh from the
case and falsely framed/charged his mother and Ashwani, whereas
they are completely innocent. To this day, the informant kept trusting
the police thinking that the police would conduct a proper
investigation into the murder of the informant’s father Satyaveer.
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However, till date, the police have not taken any action against the
real accused persons. There is sufficient evidence against Sohanveer
and Arjun regarding the conspiracy to murder Satyaveer Singh.
Several applications were submitted earlier, by the informant in this
regard, and again, an application dated 20.06.2022 was sent via post
on 22.06.2022 to the Superintendent of Police, Baghpat, but no
action was taken on that either. For this reason, the informant
presented a complaint before the learned Magistrate and a prayer
was made to summon and punish the accused persons under
Sections 120-B, 302, 504, 506 IPC.
8. Having considered the rival contentions and the facts that the
investigation was conducted by the then Deputy Superintendent of
Police, namely Vandana Mishra, who submitted her report stating
therein that the involvement of four accused persons was found.
However, the said report was not acted upon for any reasons
whatsoever. Besides, the opposite party nos. 2 and 3, i.e. Sohanveer
and his son Arjun, got falsely implicated in a case under the Arms Act
and had gone behind bars for the relevant period, i.e. for a few days,
when the incident of murder of the father of the applicant was
committed. Therefore, keeping in view both the facts, i.e. the report of
Deputy Superintendent of Police, Vandana Mishra and implication of
Sohanveer and Arjun in Arms Act to remain in custody during the
relevant period. The learned Judicial Magistrate, Baghpat, shall pass
a fresh order. Accordingly, the order of the learned Judicial
Magistrate dated 27.03.2025 and the order passed by the learned
Additional Sessions Judge, Fast Track Court No. 2, Baghpat, in
Revision No. 76 of 2025, both are set aside. The matter is liable to be
remitted to the learned Chief Judicial Magistrate, Baghpat/learned
Additional Sessions Judge, Fast Track Court No. 2, Baghpat to pass
a fresh order in accordance with the points stated above.
9. The application U/s 528 BNSS stands allowed as above. The
matter is remitted to the learned Chief Judicial Magistrate,
Baghpat/learned Additional Sessions Judge, Fast Track Court No. 2,
Baghpat to pass a fresh order in accordance with the points stated
above.
October 1, 2026
Mini
(Harvir Singh,J.)
Digitally signed by :-
MINI KANAUJIYA
High Court of Judicature at Allahabad
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