Court No. - 77
Case :- APPLICATION U/S 482 No. - 46532 of 2019 Applicant :- Manish Garg Opposite Party :- State of U.P. and Another Counsel for Applicant :- Santosh Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
This application under Section 482 Cr.P.C. has been filed by Manish Garg with a prayer for quashing the order dated 14.10.2019, passed by A.C.J.M., Gautambudh Nagar, in Misc. Case No. 456 of 2019, u/s 156(3) Cr.P.C., Police Station Surajpur, District Gautambudh Nagar, 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 an application u/s 156(3) Cr.P.C. was moved by the applicant, but the learned Magistrate has treated this application as complaint case, whereas it ought to have been registered as a State Case, thereby direction was needed for registration and investigation by the police and it will be convenient for the applicant and in the interest of justice. Hence, this application with above prayer.
Learned AGA vehemently opposed above argument.
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 :- 19.12.2019 Pcl