Court No. - 27
Case :- APPLICATION U/S 482 No. - 30702 of 2019 Applicant :- Tausiful Hasan Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Syed Ahmed Faizan Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant and the learned AGA appearing for the State.
The present application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the order dated 4.7.2019 passed by Additional Chief Judicial Magistrate, Court No.3, Kanpur Dehat in Criminal Misc. Case No.709 of 2019 (Tausiful Hasan vs. Gyanesh Kumar and others). Further prayer has been made to stay the further proceeding of the aforesaid case.
Submission of the learned counsel for the applicant is that vide order dated 4.7.2019 the concerned Magistrate has illegally and arbitrarily treated the application moved under Section 156 (3) Cr.P.C. as complaint case. There is need of investigation. The impugned order had been passed by the learned court below without due application of mind and the same has been passed in a cursory manner.
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) Cr.P.C. 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 Cr.P.C. 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 under Section 482 Cr.P.C. is, accordingly,
dismissed.
Order Date :- 22.8.2019 Ajeet