Court No. - 48
Case :- APPLICATION U/S 482 No. - 14885 of 2018 Applicant :- Ruby Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Mohammad Faisal Khan Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
The present application has been filed by the applicant with the prayer to quash the order dated 24.03.2018 passed by Additional Chief Judicial Magistrate, Court No. 2, Muzaffar Nagar in Misc. Case No. 122/11 of 2018, under Section 156(3) Cr.P.C., Police Station Kotwali Nagar, District Muzaffar Nagar.
Heard learned counsel for the applicant and the learned AGA appearing for the State.
Submission of learned counsel for the applicant is that vide order dated 24.03.2018, application under Section 156(3) Cr.P.C. moved by the applicant was treated as complaint and concerned Magistrate taking cognizance in the matter proceeded to enquire under Chapter-XV of Cr.P.C.
On the other hand, learned AGA has submitted that 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, I am of the view that no case is made out to interfere with the impugned order. The impugned order does not suffer from any infirmity or illegality. 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. 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 revisionist to raise the question before the court concerned at the appropriate stage. Hence, the prayer made in the present applicant is refused.
The application u/s 482 Cr.P.C. is dismissed.
Order Date :- 29.1.2019 Sanjeet