Court No. - 48
Case :- APPLICATION U/S 482 No. - 2441 of 2019 Applicant :- Smt. Suman Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Raghuraj 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 quash the order dated26.10.2018 passed by Civil Judge (S.D.) / F.T.C., Auraiya in Misc. Case No. 37 of 2018, under Section 156(3) Cr.P.C..
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 vide order dated 26.10.2018. Referring to the contents of application under Section 156(3) Cr.P.C., it is further submitted that applicant is lady, she could not adduce evidence in the complaint. This aspect of the matter was not considered by the concerned Magistrate.
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. 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 :- 21.1.2019 Sanjeet