Court No. - 48
Case :- APPLICATION U/S 482 No. - 7133 of 2019 Applicant :- Smt. Rambeti Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajesh Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
The present application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the order dated 5.1.2019 passed by Judicial Magistrate, Bhognipur, Kanpur Dehat in Case No. 17 of 2019 (Rambeti Vs. Shanti Devi) under Section 156 (3) Cr.P.C. arising out of Misc. Application No.227/11/2018 at Police Station Amrahat, District Kanpur Dehat. Further prayer has been made to remand back the present matter before the Magistrate concerned to pass an appropriate order under section 156 (3) Cr.P.C. in accordance with law.
Heard learned counsel for the applicant and the learned AGA appearing for the State.
It is submitted by the learned counsel for the applicant that the Magistrate concerned treated the application under Section 156(3) Cr.P.C. as complaint on the basis of insufficient ground without applying judicial mind. Order passed on 5.1.2019 by the Magistrate concerned is an arbitrary order. Applicant has not examined number of witnesses in support of the complaint. It is further argued that the S.D.M. concerned has enquired the matter and found the fact true, although no F.I.R. was lodged by the S.D.M. Thus, it was incumbent on part of the Magistrate concerned to pass order for registration of the F.I.R. Thus, prayer has been made to allow the application and set-aside the order dated 5.1.2019.
On the other hand, learned AGA has submitted that the impugned order does not suffer from any illegality or infirmity warranting interference of this Court.
Having regard to the facts and circumstances of the case, after perusing the entire record and having considered the submissions made by the learned counsel for the parties and when Magistrate has taken cognizance in the matter and has proceeded under Chpater XV of Cr.P.C. to enquire and all the facts are known to the applicant even copy of the inquiry made by the S.D.M. concerned is also available with the applicant, order passed on the application u/s 156 (3) Cr.P.C. treating the application as complaint cannot be termed to be illegal. As per the settled legal position, the Court / Magistrate is not always bound to pass order for registering the case and investigation on the application under Section 156(3) CrPC disclosing a cognizable offence. It may exercise its discretion judiciously and if it is of the view that in the facts and circumstances of the case, it will be appropriate to treat the application as a complaint case then the Magistrate may proceed with according to the procedure provided under Chapter XV of CrPC. Further, it is open to the applicant to raise the question before the court concerned at the appropriate stage. Hence, the prayer made in the present application is refused.
The application is dismissed.
Order Date :- 25.2.2019 ss