Court No. - 15
Case :- APPLICATION U/S 482 No. - 25031 of 2018 Applicant :- Ravidutt Sharma Opposite Party :- State Of Up And 4 Others Counsel for Applicant :- Shiv Prakash Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Shiv Prakash, learned counsel for the applicant, Sri M.P. Singh Gaur, learned A.G.A. appearing for the State and perused the record.
This application under Section 482 Cr.P.C has been moved with a prayer to quash the order dated 01.05.2018 passed by the Chief Judicial Magistrate, Hapur in Application No.353 of 2018 (Ravidutt Sharma vs. Omkar and others) under section 156 (3) Cr.P.C Police Station Hafizpur, District Hapur and with a further prayer that a direction may be issued to the Chief Judicial Magistrate, Hapur to direct the Police of the Police Station Haifzpur, District Hapur to lodge the FIR against the opposite parties.
It is contended by the learned counsel for the applicant that the impugned order has been erroneously passed by the court below by treating the application moved under section 156 (3) Cr.P.C as a complaint case.
This Court has gone through the impugned order and finds that the law which has been referred in the impugned order perfectly justifies the impugned order as the Magistrate is well within the power to treat the application moved under section 156 (3) Cr.P.C. as a complaint and if he requires, he can also get an enquiry conducted under section 202 Cr.P.C. by the police. There is no infirmity in the impugned order.
The application is accordingly rejected.
Order Date :- 6.9.2018 AU