Court No. - 77
Case :- APPLICATION U/S 482 No. - 46178 of 2019 Applicant :- Ram Sevak Rai Opposite Party :- State Of U.P. And 12 Others Counsel for Applicant :- Chandra Kumar Rai Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
The applicant Ram Sevak Rai, by means of this application under Section 482 Cr.P.C., has invoked the inherent jurisdiction of the Court with prayer for setting aside the impugned order dated 24.10.2019, passed by Chief Judicial Magistrate, Mau, in Misc. Criminal Csae No. 486 of 2019 (Ram Sevak Rai Vs. Ashok Ram and others) passed under Section 156(III) of Cr.P.C., P.S. Doharighat, District Mau, wherein application treated as complaint case and date has been fixed for recording of statement under Section 202 of Cr.P.C.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Learned counsel for the applicant argued that an application was moved for a direction for registration and investigation of case crime number and it was treated as complaint case, with a finding that accusation appears to be of civil nature. It was a misuse of process of law. Hence, for ensuring end of justice, this application has been filed with above prayer.
Learned AGA has vehemently opposed the above prayer.
From the very perusal of application, moved under Section 156(3) of Cr.P.C., it is apparent that it was said in it that Ashok is follower at police station. On 13.3.2018, opposite parties did damage the wall of applicant, for which a case is pending. Owing to this enmity on 21.9.2019, at about 7:30 P.M., opposite parties, under joint mensrea, did abuse and assault, by lathi- danda, with threat of dire consequences to informant-applicant and his family members. They entered inside the house, chairs which were kept at the door, were damaged and gas cylinder was stolen by them. This matter was reported at police station. But of no avail. Magistrate passed impugned summoning order with finding that name of accused persons, sequence of occurrence are well known, it never requires any investigation. Thereby, directed for registration as a complaint case.
Under proposition of law by this Court in Rambabu Gupta Vs.
State of U.P. 2001 (43) ACC 50, as well as in Sukhwasi Vs. State of Uttar Pradesh, reported in 2007 (59) SCC 739 and Apex Court in Aleque Padamsee and others Vs. Union of India and others; (2007) 6 Supreme Court Cases 171, have propounded that Magistrate is with full jurisdiction to treat as a complaint case of an application moved under Section 156(3) of Cr.P.C. It is well within the jurisdiction of Magistrate concerned. In the present case, facts were like that. Accordingly, Magistrate has exercised his jurisdiction. There is no misuse of process of law. Hence, this application merits its dismissal.
Dismissed, accordingly.
Order Date :- 17.12.2019 Kamarjahan