Court No. - 73
Case :- APPLICATION U/S 482 No. - 27411 of 2019 Applicant :- Saqeel Opposite Party :- State Of Up And 2 Others Counsel for Applicant :- Sanjay Singh 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 amend the order dated 29.03.2018 and allow the application under Section 156(3) Cr.P.C. and direct to police authority to register a First Information Report against the opposite party nos. 4 & 5.
Heard learned counsel for the applicant and the learned AGA appearing for the State.
Submission of learned counsel for the applicant is that application under Section 156(3) Cr.P.C. was moved, which was treated as complaint by the concerned Magistrate illegally without applying judicial mind. Cognizable offence was made out and there was necessity for investigation. Concerned Magistrate without considering this aspect has passed the order dated 11.02.2019.
On the other hand, learned AGA has submitted that the 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 disclosing a cognizable offence. 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. It is also clarified that if report is necessary on any point, the learned Magistrate is competent enough to call for report from the police concerned on given points. Further, it is open to the applicant to raise the question before the court concerned at the appropriate stage. Hence, the prayer made in the present application is refused.
The application u/s 482 Cr.P.C. is dismissed. Order Date :- 25.7.2019 Ujjawal