Gyan Chandra vs State Of U.P. And 13 Ors
2019 Latest Caselaw 6184 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 73
 

 
Case :- APPLICATION U/S 482 No. - 26358 of 2019
 

 
Applicant :- Gyan Chandra
 
Opposite Party :- State Of U.P. And 13 Ors
 
Counsel for Applicant :- Pramod Kumar Vishwakarma
 
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 20.12.2018 passed by Addl. Chief Judicial Magistrate-IV, Jaunpur in misc. case no. 464 of 2018 (Gyan Chandra Vs. Samarjeet and others). Further prayer has been made to direct the court below to reconsider the application u/s 156 (3) Cr.P.C. and also direct the concerned police to register the case against accused and investigate the matter.

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 vide order dated 20.12.2018 passed by the Magistrate concerned, application under section 156 (3) Cr.P.C. moved by the applicant against the opposite parties no.2 to 14 was treated as complaint illegally and arbitrarily. A cognizable offence is made out from the contents of the application u/s 156 (3) Cr.P.C. There is necessity of investigation in the matter by the police. The Magistrate concerned has passed the impugned order without applying judicial mind.

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 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 :- 9.7.2019

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