Court No. - 73
Case :- APPLICATION U/S 482 No. - 26504 of 2019 Applicant :- Uma Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Dharmendra Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
The present application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the order dated 25.5.2019 passed by the Civil Judge (JD)/Judicial Magistrate, District Shamli in Criminal Misc. Case No. 38/11 of 2019 (Uma Vs. Sanju and others) whereby the application dated 14.3.2019 filed by the applicant under Section 156 (3) Cr.P.C. has been directed to be treated as a complaint case. Further prayer has been made to stay the effect and operation of the aforesaid order.
Heard learned counsel for the applicant and the learned AGA appearing for the State.
It is submitted by the learned counsel for the applicant that the application under Section 156 (3) Cr.P.C. filed by the applicant was illegally and arbitrarily treated as complaint. Cognizable offence is made out. There is need for investigation and recovery of country made pistol. Applicant is not in a position to adduce the evidence. In support of his submission learned counsel for the applicant placed reliance on the judgment of this Court dated 16.7.2018 passed in Application U/S 482 No. 21906 of 2018 (Mohd. Meraj Vs. State of U. P. and others).
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 is dismissed. Order Date :- 25.7.2019 Sachdeva