Court No. - 22
Case :- APPLICATION U/S 482 No. - 3192 of 2018 Applicant :- Dhananjay Singh @ Munna Singh And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Jayram Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard Sri Jayram, learned counsel for the applicant and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed by the applicant to quash the charge-sheet dated 12.09.2017 and cognizance order dated 12.09.2017 passed by learned Civil Judge(S.D.)/ F.T.C., Ballia in Criminal Case No. 61 of 2017, under Section 427 I.P.C, P.S. Maniyar, District Ballia, pending before the learned Civil Judge(S.D.)/ F.T.C., Ballia.
Learned counsel for the applicant submits that the concerned Magistrate has taken cognizance in Case Crime No. 503 of 2017, P.S. Maniyar, District Ballia. According to Section 2 (d) of Cr.P.C. only complaint is maintainable on these types of offences. Hence the cognizance taken by the Magistrate is illegal. Hence charge-sheet of that case has to be quashed and stay the proceedings.
Learned A.G.A. submitted that against the cognizance order there is an alternative remedy for applicant to file revision before the Sessions Judge/High Court. Hence this application is not maintainable because alternative remedy is available against the impugned order of cognizance. Hence this application is liable to be disposed off with liberty to file revision before the competent court.
With the aforesaid observations this application is finally disposed off.
The applicant is at liberty to file revision before the competent court having jurisdiction and if he files revision before the Sessions Judge it is expected from court concerned to decide revision expeditiously in accordance with law.
Order Date :- 26.2.2018 A. Tripathi