Court No. - 48
Case :- CRIMINAL REVISION No. - 289 of 2019 Revisionist :- Nand Lal Verma Opposite Party :- State Of U.P. And 2 Ors. Counsel for Revisionist :- Awadhesh Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
The present criminal revision has been filed by the revisionist with the prayer to set-aside the order dated 14.12.2018 passed by Chief Judicial Magistrate, Maharajganj pased in Misc. Application No. 1387 of 2018. Further prayer has been made to direct the CJM, Maharajganj to pass fresh order upon the aforesaid Misc. Application.
Heard learned counsel for the revisionist and the learned AGA appearing for the State.
It is submitted by the learned counsel for the revisionist that the Chief Judicial Magistrate treated the application under Section 156(3) Cr.P.C. as complaint on the basis of insufficient ground. There is necessity of investigation in the matter by the police. The Magistrate concerned has passed the impugned order without applying judicial mind.
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) CrPC 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 CrPC. Further, it is open to the revisionist to raise the question before the court concerned at the appropriate stage. Hence, the prayer made in the present revisionist is refused.
The criminal revision is dismissed.
Order Date :- 22.1.2019 safi