Court No. - 70
Case :- APPLICATION U/S 482 No. - 3835 of 2019 Applicant :- Ashwani Kumar Opposite Party :- State Of U.P. And 2 Ors Counsel for Applicant :- Raj Kumar Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant and learned Additional Government Advocate on behalf of the State and perused the record with the assistance of leaned counsel for the parties.
This application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to quash the impugned order dated 28.09.2018 in Misc.Case No.51 of 2018 (Ashwani Kumar vs. Pranshu and others) passed by Additional Session Judge/F.T.C. Ist/ Special Judge SC/ST Act, whereby application under section 156(3) Cr.P.C. of the applicant has been registered as complaint case.
It is submitted by the learned counsel for the applicant that by the impugned order dated 28.09.2018, court below has wrongly and illegally treated application under section 156(3) Cr.P.C. dated 30.08.2012 of the aplicant as complaint.
It is next submitted that under the facts and circumstances of the case, registration of FIR is necessary because without conducting investigation by the police, looted articles cannot be recovered.
Per contra, learned Additional Government Advocate has submitted that in view of law laid down by the Division Bench of this Court in the case of Sukhwasi Lal vs. State of Uttar Pradesh, 2007 (6)AllLJ 424, there is no illegality in the impugned order dated 28.09.2018 passed by Additional Session Judge/F.T.C. Ist/ Special Judge SC/ST Act.
After having heard the arguments of the learned counsel for the parties, I am of the view that the magistrate has power to treat the application under Section 156 (3) Cr.P.C. as complaint, as such, there is no illegality in the order dated 28.09.2018.
The application lacks merit and is accordingly, dismissed.
Order Date :- 29.1.2019 SKD