Court No. - 47
Case :- APPLICATION U/S 482 No. - 19994 of 2020 Applicant :- Raj Kumar Opposite Party :- State Of U.P And 2 Others Counsel for Applicant :- Anand Prakash Pandey Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chand,J.
Heard learned counsel for the applicant and learned Additional Government Advocate for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to quash the order dated 21.08.2020 passed by Chief Judicial Magistrate, Fatehpur in Misc. Case No. 564 of 2019 (Rajkumar Vs. Bhagwan Bax Singh) passed on application under Section 156(3) Cr.P.C, Police Station Bindki, District Fatehpur.
The learned counsel for the applicant has submitted that the impugned order is illegal and cognizable offence is made out. The application inspite of rejected outrightly should have been treated as a complaint case.
The learned A.G.A vehemently opposed the prayer to quash the impugned order on the ground that the impugned order is revisable.
Annexure-5 of the affidavit is application under Section 156(3) Cr.P.C, with these allegations that the applicant Rajkumar had been carrying wood by the tractor to Mandi Samiti, Fatehpur on 12.12.2019 at 2 'O' clock. Driver of the tractor being in a intoxicated stage could not control the tractor and same was dashed with the bus and a shisham tree also fell down due to collision and the passengers of bus also sustained injuries and some died due to sustained injuries. Tractor of the applicant was also seized but was released later. Accordingly, prayed to lodge the F.I.R against Bhagwan Bax Singh, incharge out post, Khajuha, P.S. Bindki, District Fatehpur.
From the perusal of the allegations made in the application under Section 156(3), no cognizable offence is made out. The act of the incharge out post, Khajuha, P.S Bindki was official act. The learned lower court has rightly rejected the application under Section 156(3) Cr.P.C.
Although the impugned order is revisable yet in this proceeding under Section 482 Cr.P.C, the same has been challenged by the applicant which bears no illegality.
With the above observations, this application under Section 482 Cr.P.C is disposed of.
Order Date :- 5.1.2021 PS