Case :- APPLICATION U/S 482 No. - 44771 of 2019 Applicant :- Ajay Kumar Jain Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Rameshwar Prasad Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant and learned AGA, representing State of U.P. Perused the record.
This Application, under Section 482, has been filed, against the order, dated 5.11.2919, whereby the learned Magistrate has directed investigation to be conducted by the Police in the matter, arising out of Complaint Case No. 1234 of 2019, under Sections 420, 386, 406, 395, 323, 504, 506 and 120-B of IPC, Police Station-Kotwali Nagar, District-Ghazibad.
Learned counsel for the applicant argued that prior to this registration of the complaint, information was reported at Police Station and no action was taken by the Police. Hence, this complaint was filed, wherein, cognizance was taken and the statements, under Section 200 of Cr.P.C., as well as, under Section 202 of Cr.P.C. were got recorded. Thenafter, this order was passed and it will be a delayed proceeding, but, of no result. Thus, there is misuse of process of law and as such this Application, for setting aside aforesaid order and for remanding the matter back to court below for passing order afresh.
Under Section 202 of Cr.P.C, on a complaint, Magistrate is having full power to proceed and enquire himself or get the matter investigated by the Police or by any other person to whom he directs so. In the present case, the order is for an investigation by the Police, which is in accordance with provisions of law. Accordingly, this Application, filed, under Section 482 of Cr.P.C. is having no force.
In view of above, this Application, being without substance and merits, stands dismissed.
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