Court No. - 77
Case :- APPLICATION U/S 482 No. - 44380 of 2019 Applicant :- Rajesh Chaurasiya Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Puneet Kumar Verma Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
This Application, under Section 482 of Code of Criminal Procedure, 1973, has been filed by the Applicant, Rajesh Chaurasia, with a prayer for setting aside impugned order dated 22.10.2019, passed by Additional Sessions Judge-I/POCSO Act, Ghazipur, in Misc. Criminal Application No.64 of 2019, Rajesh Chaurasia vs. Monu Verma alias Shubham Verma, whereby an application, moved, under Section 156 (3) of Cr.P.C., has been treated as a complaint case and thereby, date for recording of statement, under Section 200 of Cr.P.C., has been fixed.
Learned counsel for applicant argued that for same occurrence, a case has been registered, upon the report of other side, but no report was got registered upon report of the applicant, whereas, it was stated that there was injury, but the Trial court failed to appreciate it and treated the application as a complaint case. Hence, for avoiding abuse of process of law and for securing ends of justice, this Application, under Section 482 of Cr.P.C., has been filed, with above prayer.
Learned AGA, representing State of U.P., has vehemently opposed this Application.
From very perusal of the application, moved, under Section 156(3) of Cr.P.C. by Rajesh Chaurasia, it is apparent that occurrence of 29.7.2019 of 9.30 PM has been complained, when a minor girl, Amrita, was said to have been outraged by Monu Verma @ Shubham Verma and upon rescue call being made, informant, applicant, and many others rushed there, wherein, he was apprehended by them, but, subsequently, he managed to escape and after some time, Monu Verma @ Shubham Verma, alongwith his father, Pramod Verma, and brothers, Ankit Verma and Satyam Verma @ Suraj Verma, came to the house of the applicant. They abused him and did assault, wherein, Om Prakash Chaurasia had been injured. Incident was reported at Police Station, Suhval, but no report was lodged, whereas, Om Prakash Chaurasia, got himself medically examined and a cross-case was got registered against applicant. Thenafter, this report.
Order, impugned, reveals that the Application, under Section 156 (3) of Cr.P.C. was with all detains, and nothing was required to be investigated. Hence, in view of principles laid down by this Court in the case of Sukhvasi vs. State of U.P., reported in 2007 (58) ACC 754, it was treated to be a complaint.
Division Bench of this Court in Ram Babu Gupta vs. State of U.P. and Ors.; 2001 (43) A.C.C. 50, Sukhwasi Versus State of Uttar Pradesh (Supra) as well as Apex Court in Suresh Chandra Jain Vs. State of Madhya Pradesh and another; 2001 (42) A.C.C. 459 and Aleque Padamsee and others Vs. Union of India and others; (2007) 6 Supreme Court Cases 171, have propounded that Magistrate has got jurisdiction to treat an application moved under Section 156(3) Cr.P.C. as a complaint, but he is not bound to direct for registration of F.I.R. for the same. Hence, above order is well within jurisdiction of court concerned. There was no apparent error or mis-exercise of jurisdiction.
Hence, under all above facts and circumstances, this Court, in exercise of inherent power, under Section 482 of Cr.P.C., is not expected to embark upon factual matrix because the same is a question, to be gone into, during course of trial, by the Trial court.
In view of what has been discussed above, this Application, under Section 482 of Cr.P.C., merits dismissal and it stands dismissed accordingly.
Order Date :- 17.12.2019 bgs/