Court No. - 77
Case :- APPLICATION U/S 482 No. - 47090 of 2019 Applicant :- Jasram Opposite Party :- State Of U.P. And 8 Others Counsel for Applicant :- Gyan Prakash Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
The applicant Jasram, by means of this application under Section 482 Cr.P.C., has invoked the inherent jurisdiction of the Court with prayer to quash the impugned order dated 19.11.2019 passed in Criminal Case No. 752 of 2019 (Jasram vs. Virendra and others), passed by learned Special judge (SC/ST Act), Bulandshahr, whereby court below treated the aforesaid application under Section 156(3) Cr.P.C. as complaint case, Police Station- Aahar, District- Bulandshahr.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Learned counsel for the applicants argued that in this very case crime number, registration and investigation was requested. But the court treated it as a complaint case, whereas, evidence is not to be collected by applicant- complainant. Accusation was of the offences punishable under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act and it ought to be registered as case crime number. But trial Court failed to appreciate it and passed impugned order, thereby, it is a abuse of process of law.
Learned AGA has vehemently opposed the above prayer.
From the very perusal of complaint and contention made therein, it is apparent that the sequence of occurrence, number of accused, name of accused, time, place and date of occurrence, each facts were narrated in it and this has been written by Magistrate in impugned order. As per law laid down by this Court as well as Apex Court in Rambabu Gupta Vs. State of U.P. 2001 (43) ACC 50, Sukhwasi Vs. State of Uttar Pradesh, reported in 2007 (59) SCC 739 and Aleque Padamsee and others Vs. Union of India and others; (2007) 6 Supreme Court Cases 171, Magistrate is empowered to register as a complaint case over an application moved under Section 156(3) of Cr.P.C. and it was rightly exercised. This application merits its dismissal.
Dismissed, as such.
Order Date :- 20.12.2019 Kamarjahan