Court No. - 49
Case :- APPLICATION U/S 482 No. - 20011 of 2020
Applicant :- Ramdular
Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Pankaj Baranwal Counsel for Opposite Party :- G.A.
Hon'ble Vivek Agarwal,J.
1. Heard Sri Pankaj Baranwal, learned counsel for the applicant and Sri Vikas Goswami, learned AGA for the State.
2. Learned counsel for the applicant submits that applicant is aggrieved of order dated 06.10.2020 and also the order dated 26.03.2019 respectively passed by learned Additional Sessions Judge/F.T.C. (crimes against women), Jaunpur in Criminal Revision No.86 of 2019 so also the order passed in Case No.64 of 2019 (Ramdular Vs. Meva Lal and others), Police Station- Gaura Badshahpur, District-Jaunpur on the ground that learned trial court passed impugned order dated 26.03.2019 directing registration of a complaint case on an Application moved by the applicant-Ramdular under Section 156(3) Cr.P.C. When, criminal revision was filed, then learned Additional Sessions Judge has dismissed the criminal revision vide order dated 06.10.2020 placing reliance on the Full Bench judgments of this High Court in case of Father Thomas Vs. State of U.P.; 2011 (72) ACC 564 (Alld.) and Ram Babu Gupta Vs. State of U.P.; 2001 (43) ACC 50 (Alld.).
3. Learned counsel for the applicant places reliance on a judgment of the learned Single Judge of a co-ordinate Bench of this Court passed on 20.08.2018 in Application under Section 482 No.27781 of 2018, wherein placing reliance on the judgment of Supreme Court in case of Lalita Kumar Vs. Government of U.P. and others; (2014) 2 SCC 1 has directed the Additional Chief Judicial Magistrate, Jaunpur and the Sessions Judge, Jaunpur to exercise their discretionary powers and decide afresh Application under Section 156(3) Cr.P.C. moved by the applicant and to pass appropriate order in accordance with law keeping in view the observations made by the court.
4. However, the fact of the matter is that, Full Bench Judgments of this Court rendered in case of Father Thomas (supra) and Ram Babu Gupta (supra) are binding of this Court. In case of Father Thomas (supra), it has been held that if there is sufficient material on record, on the basis of which averments made in the complaint can be adjudicated, then it is upto the discretion of the Magistrate concerned deciding an Application under Section 156(3) Cr.P.C. to direct for registration of a case as a complaint case rather than ordering for lodging of FIR and directing further investigation by the police.
5. In view of such settled legal position by Full Bench of this Court, which is binding on a Hon'ble Single Judge and that having not been taken into consideration by a co-ordinate Bench, while deciding case Application under Section 482 No.27781 of 2018 (Samar Bahadur Vs. State of U.P. and another), I am of the opinion that there is no illegality in the impugned orders calling for any interference. Application fails and is dismissed.
Order Date :- 16.8.2021 Ashutosh