Court No. - 80
Case :- CRIMINAL REVISION No. - 2623 of 2021
Revisionist :- Vijay Kumar Paswan
Opposite Party :- State Of U.P. And 4 Others
Counsel for Revisionist :- Rajesh Kumar Patel,Ashutosh Kumar Gautam
Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This application under Section 482 CrPC has been filed by the applicant with the prayer to quash the order dated 17.02.2021 passed by Special Judge (SC/ST Act), Pilibhit in Criminal Case No. 31 of 2021 (Vijay Kumar Vs. Shanti Swaroop and others), under Section 156(3) Cr.P.C., Police Station Kotwali, District Pilibhit.
Brief facts of the case are that an application was filed by the applicant on 05.02.2021 under Section 156(3) Cr.P.C. before the Special Judge (SC/ST Act), Pilibhit and learned Special Judge after considering the entire allegations and material on record directed the application to be treated as a complaint for recording the statement of the complainant under Section 200 Cr.P.C. vide order dated 17.02.2021.
Learned counsel for the applicant has submitted that since from the allegation made in the complaint cognizable offence is clearly disclosed, as such, it was incumbent upon the Special Judge to direct the police to register a case under Section 154 Cr.P.C. and investigate the same.
Per contra, learned A.G.A. has submitted that upon receiving the complaint under Section 156(3) Cr.P.C., the Magistrate may in its discretion either direct the police to register the case under Section 154 Cr.P.C. and investigate the same or may treat the application under Section 156(3) Cr.P.C. as a complaint and proceed further for recording the statements of the witnesses under Sections 200 and 202 Cr.P.C.
He has further submitted that there is no provision that the Magistrate may not treat the application under Section 156(3) Cr.P.C. as a complaint and make an enquiry by recording the statements of the witnesses under Sections 200 and 202 Cr.P.C. and looking to the circumstances that the applicant has full knowledge of the facts of the case and accused as well as his witnesses can lead his evidence in the court, the view taken by the learned Magistrate in treating the application under Section 156(3) Cr.P.C., as a complaint, is just, proper, legal and do not call for any interference by this Court at this stage.
It is well settled principle of law that in case an application under Section 156(3) Cr.P.C. is filed by the applicant, the magistrate in its discretion may direct for registration of F.I.R. under Section 154 Cr.P.C. or treat the same as a complaint and proceed further by recording the statements of the witnesses as held by Hon'ble Apex Court in the decision of Mohd Yusuf Vs. Afaq Jahan (Smt) and another reported in (2006) 1 SCC 627, Fakhruddin Ahmad Vs. State of Uttranchal and another, reported in (2008) 17 SCC 157 and Ram Babu Gupta Vs. state of U.P. and others reported in 2001 (43) ACC 50 (FB).
From the aforesaid decisions, it is ample clear that upon an application received under Section 156(3) Cr.P.C., which discloses cognizable offence, the Magistrate may in its discretion direct the police to register an F.I.R. or may direct it to be treated as a complaint and proceed therewith by recording the statements under Sections 200 and 202 Cr.P.C. and in case, if the Magistrate during the course of enquiry feels that any investigation is required, he may under Section 202 Cr.P.C. direct for investigation to be made by the police officer or by such other person, as he thinks fit for the purpose of deciding whether or not there is sufficient ground for proceeding in the present case. The complainant having full knowledge of facts and material evidence and being in a position to lead the evidence, therefore, order passed by learned Magistrate does not suffer from any illegality, impropriety or jurisdictional error so as to warrant any interference.
In view of the aforesaid facts, this Court is not inclined to exercise its inherent jurisdiction under Section 482 CrPC. This application lacks merit and is accordingly dismissed.
Order Date :- 28.10.2021 Nadim