Court No. - 79
Case :- MATTERS UNDER ARTICLE 227 No. - 8904 of 2019 Petitioner :- Ram Singh Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Awdhesh Singh Counsel for Respondent :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
The present writ petition has been filed under Article 227 of the Constitution of India against the order dated 13.11.2019 passed by Sessions Judge, Bijnor in Criminal Revision No.341 of 2019 (Ram Singh Vs. Munnu @ Arun and others), by which the revision filed against the order dated 14.10.2019 passed by Additional Chief Judicial Magistrate, Court No. 12, District Bijnor has been dismissed.
It has been submitted by learned counsel for the petitioner that the impugned orders suffer from illegality and the learned Magistrate as well as learned revisional court have acted against the law while rejecting the application under Section 156(3) Cr.P.C. as there was specific allegations against the proposed accused and they had committed cognizable offences and they have also snatched Rs. 7,000/- from the petitioner/applicant and learned lower court has not considered the medical report, which were annexed with the application filed under Section 156(3) Cr.P.C. and the learned Magistrate as well as revisional court has not rightly considered the material available on record and passed the impugned order without taking into consideration the material available on record, which deserves to be set aside and petition be allowed.
On the other hand, learned A.G.A. has vehemently opposed the arguments advanced by learned counsel for the petitioner and has submitted that learned court of Magistrate has rightly rejected the application under Section 156(3) Cr.P.C. and the revision against the order passed by learned Magistrate was also rightly rejected by the revisional court.
After considering the rival submissions, considering the facts and circumstances of the case and considering the law laid down by the Division Bench of this Court in Sukhwasi vs. State of U.P. 2007(59) ACC 739, holding that Magistrate is not bound to order registration of FIR in all cases where a cognizable offence has been disclosed, this Court does not find any illegality in the impugned orders. In the present case, the learned A.C.J.M. and learned lower revisional court has not found it lawful to direct the police to lodge an FIR against the respondent nos. 2 to 6. This Court is also of considered opinion that the Magistrate was not duty bound to order registration of FIR in each and every case where from the plain reading, it appears that no cognizable offence has been committed by the revisionist. In the present case learned trial court and the revisional court had not found any substance in the allegations levelled by the applicant in the application moved under Section 156(3) Cr.P.C. and considering the material available on record rejected the application. In these circumstances, this Court also considers that learned trial court as well as learned revisional court have rightly rejected the application submitted by the petitioner under Section 156(3) Cr.P.C. and this Court is not obliged to take cognizance of the matter in petition under Article 227 of the Constitution of India.
The writ petition lacks merit and is rejected.
Order Date :- 28.11.2019 R./