The Allahabad high court on Monday dismissed a petition seeking registration of a criminal case against Uttar Pradesh deputy chief minister Keshav Prasad Maurya over allegations of submitting fake educational degrees while contesting election and for obtaining the dealership of a petrol pump.
Rejecting the revision petition filed by one Diwakar Nath Tripathi, a social activist from Prayagraj, Justice Sanjay Kumar Singh observed, “The complainant-revisionist is not a person deceived by Keshav Prasad Maurya (second respondent in the petition), therefore, in view of section 39 Cr.P.C, he had no locus to move an application under section 156 (3) criminal procedure code (CrPC) seeking direction to register FIR regarding alleged offence of cheating and forgery, which are not covered under section 39 (public to give information of certain offences) of Cr.P.C.”
“The wheels of the criminal justice system cannot be permitted to be clogged by frivolous complaints where the complainant himself is not aggrieved or victim in any manner,” the court said. “The proceedings appear to be prima facie initiated maliciously by the revisionist with oblique motives with an intention to gain some advantage or to settle his score,” the court added.
Tripathi had approached the high court after an application filed by him under section 156(3) CrPC, seeking a police investigation into the matter, was dismissed by the additional chief judicial magistrate (ACJM), Prayagraj, back in 2021.
{{/usCountry}}Tripathi had approached the high court after an application filed by him under section 156(3) CrPC, seeking a police investigation into the matter, was dismissed by the additional chief judicial magistrate (ACJM), Prayagraj, back in 2021.
{{/usCountry}}In her order September 4, 2021, the ACJM had found that no cognizable offence was made out against Maurya, and accordingly, Tripathi’s plea was rejected. Tripathi later challenged the ACJM’s order before the high court.
However, in February 2024, the court dismissed his revision on the ground of delay, noting that the petition was filed more than 300 days after the trial court’s order. In January this year, the Supreme Court condoned the delay and directed the high court to consider the matter on the merits.
Pursuant to the top court’s directions, Tripathi again approached the Allahabad high court with a fresh revision petition taking the same allegations and grounds. The matter was admitted in April 2025 and judgment was reserved on May 23, 2025.