Court No. - 55 Case :- MATTERS UNDER ARTICLE 227 No. - 8115 of 2018 Petitioner :- Nand Kishore Sahu Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ravi Sahu Counsel for Respondent :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record.
The present petition has been filed to stay the order dated 4.6.2018 passed by A.C.M.M., Court No. 9, Kanpur Nagar in Misc. Application No. 3320 of 2018 and order dated 14.9.2018 passed by the Sessions Judge, Kanpur Nagar in criminal revision no. 2196 of 2018 and remand the case directing the aforesaid court to decide the said application afresh in accordance with law.
Learned counsel for the petitioner submits that respondent nos. 2 and 3 have looted Rs. 5,000/- on 6.4.2018 and beaten the petitioner and threaten to kill him. Learned counsel for the applicant submits that petitioner has filed an application under Section 156 (3) Cr.P.C. before the A.C.M.M., Court No. 9, Kanpur Nagar on 8.5.2018 being Misc. Application No. 3320 of 2018 for seeking a direction to the police of police station Collectorganj, District Kanpur Nagar to register the case against the accused persons and investigate the same. Learned Magistrate vide order dated 4.6.2018 converted the said application into complaint case. Learned counsel submits that aggrieved petitioner preferred criminal revision against the said order before the Sessions Judge, Kanpur Nagar and revision was also dismissed by the Sessions Judge on 14.9.2018 without appreciating the facts of the case and evidence available on record.
Learned AGA has vehemently opposed the submissions advanced on behalf of petitioner by contending that learned Magistrate after considering the facts of the case and examining all aspect of the matter converted the application in complaint case and same has been affirmed by revisional court. Learned AGA further submits that both the orders are legal orders and there is no evidence on record to show that there is any illegality in the same.
After hearing the learned counsel for the petitioner, learned A.G.A. and after perusing the orders impugned as well averments made in the present petition, this Court is of the opinion, that learned counsel for the applicant could not point out any legal infirmity in the orders impugned which may warrant any interference by this Court in exercise of power conferred under Article 227 of the Constitution of India. In the present case learned Magistrate has assigned the valid reasons for treating the application as complaint case. After perusal of the complaint as well as other circumstantial evidence the Magistrate concerned has found that in such type of cases police investigation is not necessary and in the present case there is no requirement to collect any evidence for which direction is required to be given to investigate the matter.
Accordingly, present petition is bereft of merit and same is dismissed, accordingly.
Order Date :- 27.11.2018
Shekhar [Chandra Dhari Singh, J.]