Court No. - 73
Case :- CRIMINAL REVISION No. - 180 of 2019 Revisionist :- Ajit Opposite Party :- State Of U.P. And 4 Others Counsel for Revisionist :- Atul Singh,Alok Kumar Srivastava Counsel for Opposite Party :- G.A.,Ankit Agarval
Hon'ble Om Prakash-VII,J.
List revised.
None present for the revisionist.
Heard Sri Ankit Agarwal, learned counsel appearing for the opposite party, learned AGA appearing for the State and perused the record.
The present Revision has been filed by the revisionist with the prayer to allow the present Revision and set aside the impugned judgment and order dated 14.12.2018 passed by learned Second Additional Civil Judge (S.D.) Additional Chief Judicial Magistrate, Bulandshahar in Misc. Case No. 1994 of 2018 under Section 156 (3) Cr.P.C. (Ajit Vs. Sunita Devi and others), Police Station Khurja Dehat, District Bulandshahr whereby the learned Second Additional Civil Judge (S.D.)/Additional Chief Judicial Magistrate Bulandshahr has treated the aforesaid Misc. Case as the complaint case without considering records and also to direct the concerned police station Khurja Dehat, Bulandshahr to lodge the F.I.R. against the opposite party nos. 2,3,4 and 5.
Perusal of the record reveals that application under Section 156(3) Cr.P.C. moved by the revisionist was treated as complaint vide order dated 14.12.2018 by the concerned Magistrate.
Having regard to the facts and circumstances of the case, after perusing the entire record and having considered the submissions made by the learned counsel for the parties, I am of the view that no case is made out to interfere with the impugned order. The impugned order does not suffer from any infirmity or illegality. As per the settled legal position, the Court / Magistrate is not always bound to pass order for registering the case and investigation on the application under Section 156(3) CrPC disclosing a cognizable offence. It may exercise its discretion judiciously and if it is of the view that in the facts and circumstances of the case, it will be appropriate to treat the application as a complaint case then the Magistrate may proceed with according to the procedure provided under Chapter XV of Cr.PC. It is also clarified that if report is necessary on any point, the learned Magistrate is competent enough to call for report from the police concerned on given points. Further, it is open to the revisionist to raise the question before the court concerned at the appropriate stage. Hence, the prayer made in the present Revision is refused.
The Criminal Revision is, accordingly, dismissed. Order Date :- 26.7.2019 Mohit