Court No. - 48
Case :- APPLICATION U/S 482 No. - 2423 of 2019 Applicant :- Rinku Opposite Party :- State Of Up And Another Counsel for Applicant :- Sudhakar Yadav,Rajesh Kumar 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 proceedings of Misc. Case No. 100 of 2016 as well as order dated 31.08.2018 (Rinku Vs. Anil and others), under Section 182 IPC, Police Station Varidavan, District - Mathura pending in the court of Chief Judicial Magistrate, Mathura. Further prayer has been made to stay the further proceedings of the aforesaid case.
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 he is the complainant. One FIR was lodged in the present matter. After investigation, police has submitted final report. Applicant filed protest petition, which was treated as complaint. Concerned Magistrate took the cognizance in the matter under Chapter XV of Cr.P.C. Referring to these facts, it is further submitted that there was no occasion to register the case against the applicant / complainant under Section 182 IPC on the basis of report submitted by the Investigating Officer as the protest petition has been treated as complaint.
On the other hand, learned AGA has submitted that although cognizance has been taken in the matter yet order passed by the concerned Magistrate directing for registration of the case under Section 182 IPC is based on the report submitted by the Investigating Officer. There is no illegality or infirmity in the order.
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, I am of the view that when on submission of final report, protest petition was filed by the complainant / applicant and same was treated as complaint, concerned Magistrate took cognizance in the matter and proceeded under Chapter XV of Cr.P.C., then in that situation, recommendation of the Investigating Officer to register the case against the informant / complainant / applicant for the offence under Section 182 IPC ought not to have been accepted. Thus, order dated 31.08.2018 to this extent passed by the concerned Magistrate is illegal and without jurisdiction and is liable to be set aside. Thus, application is disposed of at this stage itself setting aside the order dated 31.08.2018 passed by the concerned Magistrate to the extent of registering of case under Section 182 IPC against the applicant. It is clarified that complaint proceeding as directed by the concerned Magistrate shall go-on.
With the above observations, the application stands disposed of.
Order Date :- 21.1.2019 Sanjeet