Court No. - 83
Case :- APPLICATION U/S 482 No. - 5125 of 2021 Applicant :- Ramesh Chauhan And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kedar Nath Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Kedar Nath Mishra, learned counsel for applicants and learned A.G.A. for State.
Perused the record.
This application under Section 482 Cr.P.C. has been filed challenging order dated 25.01.2021 passed by Judicial Magistrate, Court No.11, Deoria on the application filed by applicant in N.C.R. No.211 of 2014, under Sections- 323, 504, 506 I.P.C., Police Station- Khukhundu, District- Deoria.
Record shows that at the behest of opposite party-2- Smt. Usha, an N.C.R. dated 27.09.2014 was registered as N.C.R. No.211 of 2014, under Sections- 323, 504, 506 I.P.C., Police Station- Khukhundu, District- Deoria. Aforesaid N.C.R. remained pending as no application under Section 155(2) Cr.P.C. was filed by opposite party-2. Section- 155(2) Cr.P.C. clearly contemplates that "no police officer shall investigate a non- cognizable case without the order of a Magistrate having power to try such case or commit the case for trial".
After expiry of a period of approximately six years, applicant filed an application dated 26.11.2020 purported to be under Section 468 Cr.P.C. On this application, concerned Magistrate called for a report from police station concerned. The requisite report was submitted by concerned police station on 26.12.2020. From the perusal of aforesaid report, copy of which is on record as Annexure-3 to the affidavit, it is apparent that after registration of N.C.R. as noted above, no application under Section- 155(2) Cr.P.C. was filed by opposite party-2. Consequently, above-noted N.C.R. has remained pending at the concerned police station. Concerned Magistrate upon evaluation of material on record concluded that since applicant has not yet been summoned by court below, nor any proceedings are pending against him, he has no locus to file application under Section 468 Cr.P.C. On the aforesaid premise, application under Section- 468 Cr.P.C. filed by applicants was rejected by concerned Magistrate vide order dated 25.01.2021.
Feeling aggrieved by above order dated 25.01.2021, applicants have now approached this Court by means of present application under Section 482 Cr.P.C.
At the very outset, learned A.G.A. has raised a preliminary objection by submitting that present application under Section 482 Cr.P.C. filed by applicant is not maintainable. He contends that applicants have neither been summoned by court below nor any proceedings are pending against applicants. At the most, applicants fall in the category of prospective accused. Consequently, applicants have no right to approach this Court in terms of Section 482 Cr.P.C.
When confronted with above, learned counsel for applicants could not overcome the same.
In view of above, present application fails and is liable to be dismissed on the ground of maintainability.
It is accordingly dismissed.
However, it is provided that applicants shall be at liberty to approach appropriate forum as available in law.
Order Date :- 21.9.2021 Saif