Court No. - 41
Case :- APPLICATION U/S 482 No. - 31299 of 2018 Applicant :- Jitender Kumar Opposite Party :- State Of U.P. And 5 Ors Counsel for Applicant :- Nitin Gupta Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned AGA and perused the record.
This application has been preferred to quash order dated 6.8.2018 passed by Chief Judicial Magistrate, Ghaziabad as also for a direction to the Chief Judicial Magistrate, Ghaziabad to direct Incharge Officer of Police Station Vijay Nagar, District Ghaziabad to register and investigate the case on an application under section 156(3) Cr.P.C. numbered as Misc. Case No. 4791 of 2017(Jitendra Kumar vs. Apil Kumar and others) under Sections 323, 326, 308, 504, 506/120B/34 IPC.
From perusal of record, it transpires that the application under Section 156(3) Cr.P.C. moved by the applicant was treated as a complaint case. It is discretion of the Court to allow the application under Section 156(3) Cr.P.C. or treat the application as a complaint case. From perusal of record and impugned order it transpires that lower Court has found no ground to register the case. There was no need of investigation. No recovery was needed. The applicant may produce evidence to make prima facie case under Section 323, 326, 308, 504, 506/120B/34 IPC. No prejudice is caused by the impugned order. The applicant has full opportunity to produce evidence before the Court for taking action against so-called accused persons.
This Court finds no illegality in the impugned order as in the eye of law, no adverse order has been passed against the complainant at this stage and this application is liable to be dismissed. Hence dismissed at the stage of admission.
Applicant Jitendra Kumar has opportunity to produce all evidence, if so advised, under section 200 Cr.P.C. relating to the case before the Court concerned.
Order Date :- 12.9.2018 P.P.