Court No. - 77
Case :- APPLICATION U/S 482 No. - 43005 of 2019 Applicant :- Smt. Seema Sharma Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Brajesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
This Application, under Section 482 of Code of Criminal Procedure, 1973, has been filed by the Applicant, Smt. Seema Sharma, with a prayer for setting aside impugned order, dated 26.6.2019, passed by the Chief Judicial Magistrate, Aligarh, in Complaint Case No. 245/11/2019 (Smt. Seema Sharma vs. Updesh alias M.P. and others), under Section 156 (3) of Cr.P.C.
Learned counsel for applicant argued that an application, under Section 156(3) of Cr.P.C. was moved by the applicant, with a prayer for a direction to the Station House Officer, concerned, for registration and investigation of a case crime number, wherein, accused persons did assault, abused, extended threat of dire consequences and snatched away key of vehicle, but the Magistrate, has passed impugned order, wherein, it was treated as a complaint case and a date for recording statement, under Section 200 of Cr.P.C., has been fixed. Hence, this Application, with above prayer.
Learned AGA, representing State of U.P., has vehemently opposed this Application.
From very perusal of the impugned order, it is apparent that an application, under Section 156 (3) of Cr.P.C, was filed with this contention that Opposite party no. 2, had lend some money on 12.7.2018 to the husband of the complainant, which was returned back on 7.12.2018 and a receipt in respect thereof was got obtained. Subsequently, on 13.12.2018 and 7.2.2019, Opposite party no.2 came at the residence of the complainant and abused her. He demanded his money back and in failure thereof extended threat of dire consequences. Matter was instantly reported at the Police Station, concerned, but of no avail. Thereafter, on 10.2.2019, at 3.30 PM, Updesh @ M.P., Rahul, Manoj and Yogesh did snatch key of vehicle, bearing Registration No. UP- 81-BR-5252, owned by the complainant, from her son. This incident was again informed at Dial 100. Again at 4.30 PM, those accused persons came at house of the complainant. They did criminal trespass and abused with assault. This application was treated by the Magistrate as a complaint case, in view of law laid down by the Apex Court in the case of Joseph Madhuri vs. Swami Sachchidanand Hari Sakshi, reported in 2001 (3) Crime, 324, Mohd. Yusuf vs. Smt. Afaq, reported in 2006, JIC 705 and Alequee Padmsee vs. Uniion of India(2007) 6 ACC 171.
Division Bench of this Court, in the case of Ram Babu Gupta vs. State of U.P. and Ors.; 2001 (43) A.C.C. 50, Sukhwasi Versus State of Uttar Pradesh; 2007 (59) A.C.C. 739 and Apex Court in the case of Suresh Chandra Jain Vs. State of Madhya Pradesh and another; 2001 (42) A.C.C. 459 and Aleque Padamsee and others Vs. Union of India and others (supra), have propounded that Magistrate has got jurisdiction to treat an application, moved under Section 156(3) Cr.P.C., as a complaint, but he is not bound to direct for registration of F.I.R. for the same. Hence, order, impugned, in this proceeding, under Section 482 of Cr.P.C., is well within jurisdiction of court concerned. There was no apparent error or mis-exercise of jurisdiction.
Accordingly, this Application, under Section 482 of Cr.P.C., merits its dismissal. It is dismissed accordingly.
Order Date :- 18.12.2019/bgs/