Court No. - 86
Case :- CRIMINAL MISC. WRIT PETITION No. - 10776 of 2015 Petitioner :- Shashi Alias Shalini Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Shiv Sagar Singh Counsel for Respondent :- Govt.Advocate
Hon'ble Umesh Kumar,J.
The instant petition has been filed for quashing judgment and order dated 19.3.2015, passed by District and Sessions Judge, Meerut in Misc. Criminal Case No. 60 of 2015 ( Shashi Vs. State) affirming order dated 21.2.2015 passed by Special Chief Judicial Magistrate, Meerut, in Complaint Case No. 665 of 2014/323/2015 (Smt. Shashi @ Shalini Vs. Amit and others) P.S.- Partapur, District- Meerut. By the impugned order the application under Section 156(3) Cr.P.C. moved by the petitioner, has been treated as complaint.
Learned counsel for the petitioner submits that looking at serious allegations made in the complaint, learned Court below should have directed for lodging of the FIR and investigation of the offence instead of treating the application filed under Section 156(3) CrPC as complaint and, therefore, the impugned order be set-aside and a direction be issued for lodging of the FIR.
The learned Magistrate is empowered to direct the complaint to be investigated after lodging of the FIR and he is also empowered to treat the application as complaint and proceed with the case under Section 190 CrPC. The Magistrate has power to treat the application under Section 156(3) CrPC as 'complaint' and, therefore, there is no illegality, manifest error, procedural or otherwise in the impugned order.
With the above observation, this petition stands dismissed accordingly.
Order Date :- 30.7.2021 S.Verma