Court No. - 77
Case :- APPLICATION U/S 482 No. - 47259 of 2019 Applicant :- Smt. Laxmi Opposite Party :- State of U.P.
Counsel for Applicant :- Jai Prakash Prasad Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
This application under Section 482 Cr.P.C. has been filed by Laxmi with a prayer for quashing the order dated 16.9.2019, passed by C.J.M., Amroha, in Misc. Case No. 880 of 2019 (C.N.R. No. 40042652019) (Smt. Laxmi Versus Chhiddan and others), u/s 156(3) Cr.P.C., Police Station Naugawan Sadat, District Amroha, whereby application under Section 156(3) Cr.P.C. has been treated as a complaint and date for recording statement u/s 200 Cr.P.C. has been fixed.
Learned counsel for applicant argued that from the bare perusal of the application cognizable offence was made, but the learned Magistrate failed to appreciate it and directed for registration of application as complaint case, whereas, as per law propounded by this Court in Application u/s 482 No. 23553 of 2019, Ashok Kumar Kaushik Vs. State of U.P., decided on 27.6.2019, it ought to be registered as a case crime number and investigated by police. Hence, this application with above prayer.
Learned AGA vehemently opposed above argument.
From the very perusal of application moved u/s 156(3) Cr.P.C. it is apparent that it was contended that son of O.P. No. 1 was playing cricket in front of house of complainant. Cricket ball used to hit his son. This was protested by him, resulting abuse and threat. On 1.6.2019 at 7.00 P.M. while the applicant was at his home, accused persons did criminal trespass and assaulted complainant. She was abused and her modesty was outraged. Her finger ring was robbed. Matter was informed on Dial 100, police reached at the place of occurrence. But no action was taken against accused i.e. the time and place of occurrence, name of accused and sequence of occurrence was narrated by the applicant. Hence nothing was required to be investigated.
Division Bench of this Court in Ram Babu Gupta vs. State of U.P. and Ors.; 2001 (43) A.C.C. 50, Sukhwasi Versus State of Uttar Pradesh; 2007 (59) A.C.C. 739 and Apex Court in Suresh Chandra Jain Vs. State of Madhya Pradesh and another; 2001 (42) A.C.C. 459 and Aleque Padamsee and others Vs. Union of India and others; (2007) 6 Supreme Court Cases 171, has propounded that Magistrate has got jurisdiction to treat an application moved under Section 156(3) Cr.P.C. as a complaint, but he is not bound to direct for registration of F.I.R. for the same. Hence, above order is well within jurisdiction of court concerned. There was no apparent error or mis-exercise of jurisdiction or frustration of ends of justice.
This application merits its dismissal. It is dismissed accordingly.
Order Date :- 20.12.2019 Pcl