Court No. - 52
Case :- APPLICATION U/S 482 No. - 9612 of 2018 Applicant :- Dinesh Chandra Lal Opposite Party :- State Of Up And Another Counsel for Applicant :- Hemant Kumar,Aishwarya Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The present application has been filed by the applicant for quashing the order dated 26.8.2017 passed by C.J.M., Varanasi in Criminal Case No.358 of 2017 (Dinesh Chand Lal Vs. Smt Archana Chahal) whereby the application of the applicant filed under Section 156(3) Cr.P.C., P.S. Lanka, Varanasi, has been rejected.
Learned counsel for the applicant has contended that a bare perusal of the application under Section 156(3) Cr.P.C., would demonstrate the commission of cognizable offence, thus, the orders impugned are bad in the eye of law.
A Full Bench of this Court in the case of Father Thomas Vs. State and another reported in (2011) 1 ADJ 333, in para 62 has observed that:
"The High Court should discourage the practice of filing a writ petitions or petitions under section 482 Cr.P.C. simply because a person has a grievance that his FIR has not been registered by the police. For this grievance, the remedy lies under sections 36 and 154(3) before the concerned police officers, and if that is of no avail, under section 156(3) Cr.P.C. before the Magistrate or by filing a criminal complaint under section 200 Cr.P.C. and not be filing a writ petition or a petition under section 482 Cr.P.C."
In view of the law laid down by Full Bench of this Court in the case of Father Thomas (Supra), the instant petition is dismissed.
Order Date :- 30.3.2018 Hasnain