Court No. - 86
Case :- APPLICATION U/S 482 No. - 13600 of 2021 Applicant :- Kamla Devi Opposite Party :- State Of U.P. And 6 Others Counsel for Applicant :- Ram Sheel Sharma,Rajeev Sen Counsel for Opposite Party :- G.A
Hon'ble Umesh Kumar,J.
This application under Section 482 Cr.P.C. has been filed for quashing impugned order dated 11.12.2020, passed by Sessions Judge, Chitrakoot, in Criminal Revision No. 32 of 2020 (Kamla Devi Vs. State of U.P.) affirming order dated 22.10.2020 passed by Civil Judge (Junior Division)/Fast Track Court, Chitrakoot, in Criminal Misc. Case No. 718 of 2020 (Kamla Devi Vs. Raj Kumar Sahu and Others). By the impugned order the application under Section 156(3) Cr.P.C. moved by the applicant, has been treated as complaint.
Learned counsel for the applicant submits that looking at serious allegations made in the complaint, learned Court below should have directed for lodging of the FIR and investigation of the offence instead of treating the application filed under Section 156(3) CrPC as complaint and, therefore, the impugned order be set-aside and a direction be issued for lodging of the FIR.
The learned Magistrate/Additional Sessions Judge, is empowered to direct the complaint to be investigated after lodging of the FIR and he is also empowered to treat the application as complaint and proceed with the case under Section 190 CrPC. The Magistrate has power to treat the application under Section 156(3) CrPC as 'complaint' and, therefore, there is no error of jurisdiction.
With the above observation, this application stands disposed of accordingly.
Order Date :- 12.8.2021 S.Verma