Court No. - 55
Case :- APPLICATION U/S 482 No. - 42809 of 2018 Applicant :- Faisal Opposite Party :- State Of U.P. And 6 Others Counsel for Applicant :- Deepak Kumar Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing the entire criminal proceedings including order dated 18.09.2018 passed by A.C.J.M., Nagina, District Bijnor passed in Complaint Case No.4033 of 2018.
Learned counsel for the applicant submitted that the applicant has moved an application under Section 156 (3) Cr.P.C. for lodging the criminal case against opposite party no.2 but the same has been treated as complaint case by the Magistrate vide order dated 18.09.2018 and registered a complaint case bearing no.4033 of 2018.
He further submitted that there are so many incriminating facts for the investigation and investigation is required in this case. There are serious allegations against the accused persons.
Learned AGA has vehemently opposed the submissions advanced by learned counsel for the applicant by contending that after considering the facts and circumstances of the case, learned Magistrate has treated the application filed by the petitioner under Section 156 (3) Cr.P.C. as complaint case.
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 orders impugned as well averments made in the present application, this Court is of the opinion, that learned counsel for the petitioner could not point out any legal infirmity in the orders impugned or any ground, which may warrant any interference by this Court.
Writ petition is devoid of merit and is dismissed, accordingly.
Order Date :- 28.11.2018 Asha (Chandra Dhari Singh,J.)