Court No. - 48
Case :- APPLICATION U/S 482 No. - 7530 of 2019 Applicant :- Markande Opposite Party :- State Of U.P. And 6 Other Counsel for Applicant :- Subhash Chandra Yadav Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
The present application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the order dated 21.1.2019 passed by the Vth Additional Sessions Judge, Azamgarh in Criminal Revision No. 253 of 2017 (Markanday Vs. State of U. P.) as well as order dated 16.10.2017 passed by the Chief Judicial Magistrate, Azamgarh in case no. 536 of 2017 (Markandey Vs. Manoj Singh).
Heard learned counsel for the applicant and the learned AGA appearing for the State.
It is submitted by the learned counsel for the applicant that application under Section 156 (3) Cr.P.C. was treated as complaint case vide order dated 16.10.2017. Thereafter criminal revision was filed by the applicant before the Sessions Judge concerned which was also dismissed. It is further argued that if the observation recorded in the order dated 16.10.2017 passed by the concerned Magistrate on the application under Section 156 (3) Cr.P.c. as well as observation of the revisional court are taken into consideration, no illegality or infirmity is found. After taking cognizance in the matter Magistrate concerned has proceeded to enquire the case entering into Chapter XV of Cr.P.C.
On the other hand, learned AGA has submitted that the impugned order does not suffer from any illegality or infirmity warranting interference of this Court.
Having regard to the facts and circumstances of the case, after perusing the entire record and having considered the submissions made by the learned counsel for the parties, I am of the view that no case is made out to interfere with the impugned order. The impugned order does not suffer from any infirmity or illegality. As per the settled legal position, the Court / Magistrate is not always bound to pass order for registering the case and investigation on the application under Section 156(3) Cr.P.C. disclosing a cognizable offence. It may exercise its discretion judiciously and if it is of the view that in the facts and circumstances of the case, it will be appropriate to treat the application as a complaint case then the Magistrate may proceed with according to the procedure provided under Chapter XV of Cr.P.C. Further, it is open to the applicant to raise the question before the court concerned at the appropriate stage. Hence, the prayer made in the present application is refused.
The application is dismissed. Order Date :- 28.2.2019 Sachdeva