Court No. - 55
Case :- APPLICATION U/S 482 No. - 45959 of 2018 Applicant :- Smt. Raheesa Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Keshari Nath Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C. has been filed for quashing the order dated 17.10.2018 passed by Chief Judicial Magistrate, Saharanpur in Misc. Case No. 1348 of 2018 (Smt. Raheesa Vs. Talib Hasan and others), under Section 156(3) Cr.P.C., Police Station Sadar Bazar, District Saharanpur.
It is submitted by learned counsel for the applicant that an application under Section 156(3) Cr.P.C. was filed by the applicant for lodging the F.I.R. which was treated as complaint case and the date was fixed for recording statements under Sections 200 and 202 Cr.P.C.
Learned A.G.A. has raised a preliminary objection that against the impugned order in the light of judgment in the case Jagannath Varma and others Vs. State of U.P. reported in 2014 (8) ADJ (FB), a revision shall lie and present application is not maintainable.
Learned counsel for the applicant could not dispute the aforesaid legal proposition.
In view of the above, this Court refused to exercise its inherent power and application is disposed of with liberty to the applicant to approach the appropriate forum, if so advised.
Order Date :- 20.12.2018 Rmk.