Allahabad High Court
Durgesh Pandey vs State Of U.P. & Others on 14 June, 2021
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 17
Case :- U/S 482/378/407 No. - 1748 of 2021
Applicant :- Durgesh Pandey
Opposite Party :- State Of U.P. & Others
Counsel for Applicant :- Alok Kr. Misra
Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Singh,J.
The Court convened through video conferencing.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
The present application has been filed with a prayer to quash the order dated 25.02.2021 passed by learned Judicial Magistrate-II, Gonda in Complaint Case No.362 of 2021 (Durgesh Kumar Pandey vs. Ram Nath and others) along with the prayer to direct the court below to pass fresh order upon the application of petitioner under Section 156(3) Cr.P.C. regarding registration of F.I.R.
Learned counsel for the applicant has submitted that the application under Section 156(3) was moved before the court below on 04.02.2021 with the allegation that on 28.01.2021, the accused persons came to the house of the applicant with the intention to take possession over the property in question. He also submitted that the information of the aforesaid incident was given to the police control room at number 112 and due to interference of the police, the applicant and his family members saved their life. He also submitted that on the date of incident, nine named and twenty unknown persons came to take illegal possession over the property in question. Therefore, it was obligatory on the part of the Magistrate concerned to direct for the lodging of the F.I.R. and for investigation of the case to bring out the name of accused persons, but the court below failed to consider the case of applicant, therefore, kind indulgence of this Court is necessary.
Learned A.G.A. has opposed the prayer of prayer of the applicant and submitted that it is well settled by the Hon'ble Supreme Court in the case of Modh. Yusuf vs. Afaq Jahan and Another reported in 2006 1 SCC Cri 460 that in case, the application was moved before the Magistrate concerned under Section 156(3) Cr.P.C. then he has two options either to direct the authorities for lodging of the F.I.R. and investigation of the case or to take cognizance on the application by treating the said application as a complaint case. In the present case, the application of the applicant is considered as the complaint case and vide order dated 25.02.2021, the applicant/complainant was summoned on 02.03.2021 for recording his statement under Section 200 Cr.P.C., therefore, the application is not maintainable.
Considering the arguments of learned counsel for the applicant as well as learned A.G.A. and going through the contents of the order passed by court below vide its judgment and order dated 25.02.2020, it is evident that there is no illegality in treating the application of the applicant as a complaint case.
Accordingly, the applicant is hereby rejected.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked, before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 14.6.2021
S. Shivhare
