Court No. - 38
Case :- APPLICATION U/S 482 No. - 3477 of 2019 Applicant :- Ajit Singh Opposite Party :- State Of Up And 04 Others Counsel for Applicant :- Rajesh Prasad Yadav Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
By means of this application, the applicant has invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure for quashing the order dated 17.12.2018 passed by learned ACJM-Ist, under Section 156(3) Cr.P.C.,police station Chaubepur, district Kanpur Dehat.
Learned counsel appearing on behalf of the applicant submitted that the applicant is the brother of missing girl, namely, Km. Arti Devi aged about 25 years and was missing from 15.9.2018. On 17.9.2018, the applicant has lodged a missing report in the police station concerned and also filed the Heabes Corpus Writ Petition No. 3882 of 2018 before this Court, which was disposed of vide order dated 17.11.2018 with liberty to the applicant-petitioner to seek appropriate alternative remedy by moving application under Section 156(3) Cr.P.C. before the Judicial Magistrate concerned for lodging the FIR as well as fair investigation against the suspected culprit. Learned counsel for the applicant further submitted that thereafter the applicant had filed an application under Section 156 (3) Cr.P.C. in the court of learned Additional Chief Judicial Magistrate, court No. 1, Kanpur Dehat in Case No. 315 of 2018. Vide order dated 17.12.2018, the said application was treated as complaint and learned Magistrate has directed for recording the statement under Section 200 Cr.P.C. Learned counsel for the applicant next submits that a perusal of the complaint filed by the applicant clearly discloses the commission of a cognizable offence. He, therefore, submits that once the application filed by the applicant under Section 156 (3) Cr.P.C. disclosed the commission of a cognizable offence, the Magistrate has erred in law in directing to proceed with the application as a complaint case. Lastly, learned counsel for the applicant has contended with vehemence that the Magistrate has passed the impugned order in a mechanical manner and has ignored the judgement of the Apex Court rendered in the case of Lalita Kumari Vs. Government of U.P. and Others reported in 2014 (2) SCC 1.
Learned AGA appearing for the State submitted that the learned Magistrate after considering the contents made in the application under Section 156(3) Cr.P.C. has passed the order.
He further pointed out that in paragraph No. 2 of the application, which was moved before the court below by the applicant, it was clearly mentioned that all the facts are known to the present applicant, therefore the finding of the learned court that all the facts and evidences are known to the applicant, and therefore, no further investigation is required in the case. Leaned AGA further submitted that if the Magistrate deems it fit at any stage, he can direct the police to investigate the matter. Prima facie, the Magistrate has found that at this stage there is no need for the police investigation. Learned AGA again submitted that the Magistrate is empowered to treat the case as police case or complaint. In every cognizable offence, police investigation is not required.
I have heard the arguments raised on behalf of the parties and perused the material available on record.
It is well settled law that the Magistrate is not always bound to pass an order for registering of the case and investigation after receipt of the application under Section 156 (3) Cr.P.C. disclosing a cognizable offence. The Magistrate may use his discretion judiciously and if he is of the opinion that in the circumstances of the case, it will be proper to treat the application as a complaint case, then he may proceed according to the procedure provided under Chapter XV of Cr.P.C.
After hearing the learned counsel for the petitioner, learned A.G.A. and after perusing the order impugned as well averments made in the present application, this Court is of the opinion that learned counsel for the applicant could not point out any legal infirmity in the order impugned or any ground, which may warrant any interference by this Court.
Accordingly, the application being devoid of merit is dismissed.
Order Date :- 25.1.2019 Sumaira