Court No. - 38 Case :- APPLICATION U/S 482 No. - 3372 of 2019 Applicant :- Smt. Neeraj Verma Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Dharm Vir Singh Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing the order dated 30.8.2018 passed in criminal case no. 40 of 2018 (Smt. Neeraj Verma Vs. Prempal and others) by the ACJM, Jalesar, Etah and further to direct the aforesaid court to direct the police station concerned to register the case and investigate the matter.
Learned counsel for the applicant submits that applicant has filed an application under Section 156 (3) Cr.P.C. before the court of Civil Judge (S.D.)/Judicial Magistrate, Jalesar, Etah against the opposite party nos. 2 and 3 and one unknown person to lodge the FIR as they have committed rape to the applicant. Learned counsel submits that the application of the applicant prima facie discloses commission of cognizable offence which requires police investigation but the learned Magistrate without going through the contents of application, in a mechanical manner, passed the order impugned dated 30.8.2018. Learned counsel further submits that the proper investigation and recovery of the weapon used in the commission of offence is necessary, which can only be done through investigation by police agency but learned Magistrate has refused to direct the registration of FIR and application filed under Section 156 (3) Cr.P.C. has been treated as complaint case. Learned counsel submits that the order impugned has been passed by the learned Magistrate without application of judicious mind and without considering the material available on record.
Learned AGA has vehemently opposed the submissions advanced by learned counsel for the applicant by contending that after considering the facts and circumstances of the case, learned Magistrate has treated the application filed by the petitioner under Section 156 (3) Cr.P.C. as complaint case and in this direction specific reasons have been assigned by him in the order impugned, as such, there is no illegality in the same.
In the present case applicant has approached the concerned court by filing of application under Section 156 (3) Cr.P.C. alleging therein that the opposite party nos. 2 and 3 have committed rape to her and requested for lodging of FIR against them but the learned Magistrate has treated the said application as complaint case and date has been fixed for recording of statement under Section 200 Cr.P.C. After considering the rival submissions and material on record, it is reflected that serious charges have been levelled by the applicant against the two persons, one known and one unknown, of committing rape on gun point and, as such, I am of the prima facie view that for veracity of the said facts and recovery of the weapon in question as well as identification of the accused persons, a proper police investigation is required.
In view of the aforesaid facts and circumstances, the order dated 30.8.2018 passed in criminal case no. 40 of 2018 (Smt. Neeraj Verma Vs. Prempal and others) by the ACJM, Jalesar, Etah is quashed. The ACJM, Jalesar, Etah is directed to adjudicate the matter afresh, in accordance with law, after considering each and every aspect of the matter.
With the above observations and directions, application is disposed of.
Order Date :- 25.1.2019
Shekhar