Court No. - 72
Case :- APPLICATION U/S 482 No. - 32215 of 2019 Applicant :- Phoolwati Devi Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Amit Rai Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Sri Amit Rai, learned counsel for the applicant and learned A.G.A. for the State.
The present petition under section 482,Cr.P.C. has been preferred challenging the order dated 26.7.2019 passed by the Additional Sessions Judge/Special Judge (POCSO Act), Court No. 2, Bijnor in Misc. Application No. 221 of 2019, Phoolwati Devi Vs. Babloo and others, under sections 376(2) G, 506 IPC and 7/8 POCSO Act & 66 if U.T. Act, Police station Rehad, district Bijnor, by which the application moved under section 156(3), Cr.P.C. has been treated to be a complaint case and the statement of the complainant was directed to be recorded under section 200,Cr.P.C.
It is the discretion of the Magistrate/court concerned either to direct the police station concerned for registration and investigation of the case or to treat and proceed with the said application as a complaint case.
After hearing the submissions advanced by the learned counsel for the applicant and on perusal of the record, there appears to be no illegality or infirmity in the order impugned.
The petition lacks merit and is accordingly dismissed.
Order Date :- 22.8.2019 SNT/