Smt. Rama @ Rama Nitu vs State Of U.P.
2022 Latest Caselaw 6486 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 86
 

 
Case :- APPLICATION U/S 482 No. - 5741 of 2022
 

 
Applicant :- Smt. Rama @ Rama Nitu
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Mahesh Prasad Yadav,Ram Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.

The instant application under Section 482 Cr.P.C has been filed for quashing the impugned order dated 14.12.2021 passed by learned Chief Judicial Magistrate, Banda in Misc. Application No. 758/XI/21 (Smt Rana @ Rama Nitu vs. Mukund Lal and others, Under Section 156(3) Cr.P.C. Police Station Kotwali Nagar, District Banda.

Learned counsel for the applicant submits that learned Magistrate has unlawfully treated the case as compliant case though it was a clear cut case where the Magistrate could have directed for lodging of the FIR. He added that in the application under Section 156(3) Cr.P.C. in para 5 and 6 certain facts were narrated wherein investigation was required. During the course of argument he has also placed reliance on a judgment reported in 2021 (1) ADJ 400 (Anmol Singh vs. State of U.P. and others). Referring the aforesaid judgment he submits that Magistrate has ignored the aforesaid legal position and has treated the matter as a complaint case. The fact which was subject matter of investigation cannot be properly considered in the complaint case. Further he added that direction could be made to the court concerned to proceed in the matter as per the provisions of Section 202(1) Cr.P.C.

On the other hand, learned AGA has opposed the contention aforesaid and submits that infact there is no any illegality or infirmity in the order passed by learned Magistrate under the settled proposition of law and learned Magistrate after applying it's judicial mind has treated the aforesaid application as a complaint case and proceeded in the matter. He added that it is a premature stage as the aforesaid fact could be considered under Section 202(1) Cr.P.C. and as such this application is premature and is liable to be dismissed.

Having heard learned counsel for the parties and after perusal of record, it is evident that under Section 202(1) Cr.P.C. the grievance of the present applicant can be considered. Further from perusal of the order itself, it is evident that learned Magistrate has rightly treated the application as a complaint case.

In such view of the submission, the instant application is dismissed as premature.

Order Date :- 11.7.2022

Ujjawal