Court No. - 38
Case :- APPLICATION U/S 482 No. - 3504 of 2019 Applicant :- Hardayal Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Manu Mishra 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.
Present application under Section 482 Cr.P.C. has been filed challenging the order dated 21.11.2018 passed by Judicial Magistrate, Hathras in Application under Section 156(3) Cr.P.C. no.508/12/2018 whereby the said application filed by the applicant has been treated and registered as a complaint case numbered as complaint case no.66 of 2018.
Learned counsel for the applicant submitted that vide order dated 21.11.2018 the Judicial Magistrate, Hathras has treated the application of the applicant under Section 156(3) Cr.P.C. as complaint case. The opposite party no.2 obtained a forged and fabricated caste certificate in connivance with the State Officials and took advantage by contesting and winning Gram Panchayat Elections. This is cognizable offence. Therefore, police investigation is required in this case.
Learned A.G.A. vehemently opposed the submissions advanced by learned counsel for the applicant and submitted that the Magistrate has power to treat any application under Section 156(3) Cr.P.C. as complaint case or police case. There is no illegality in the impugned order.
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 order impugned as well averments made in the present application, this Court is of the opinion, that learned counsel for the applicant could not point out any legal infirmity in the order impugned or any ground, which may warrant any interference by this Court.
The instant application is devoid of merit and is dismissed, accordingly.
Order Date :- 25.1.2019 Asha