Allahabad High Court
Shiv Shankar Sharma vs State Of U.P. And 4 Others on 20 May, 2022
Bench: Sameer Jain
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 91
Case :- APPLICATION U/S 482 No. - 5593 of 2022
Applicant :- Shiv Shankar Sharma
Opposite Party :- State Of U.P. And 4 Others
Counsel for Applicant :- Ajay Kumar Mishra,Prabhakar Tripathi
Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
Heard Sri Ajay Kumar Mishra, learned counsel for the applicant, Sri Arvind Kumar, learned AGA, for the State, and perused the record of the case.
By way of the present application the applicant has made a prayer to quash the impugned judgment and order dated 3.3.2020 passed by Chief Judicial Magistrate, Varanasi in Application No.639 of 2019 under Section 156(3) Cr.P.C.and judge and order dated 8,12,2021 passed by Additional Sessions Judgment/Fast Track Court-2, Varanasi in Criminal Revision Case NO.93 of 2020 and further a direction may be given to the court below to hear the application of the applicant under Section 156(3) Cr.P.C.and pass order for registration of FIR against the accused persons.
Learned counsel for the applicant submitted that the applicant has moved an application under Section 156(3) Cr.P.C.against opposite party nos.2 to 5 and in spite of the fact that the cognizable offence is made out, the learned Magistrate dismissed his application and when the applicant preferred revision against that order then, his revision was also dismissed by the court of Sessions . He further submitted that the law is settled that even if the case is of civil nature but if criminal offence also discloses then a direction may be given under Section 156(3) Cr.P.C. to register the case and investigate the matter but, both the courts below committed an error of law and dismissed the application filed by the applicant only on the ground that the dispute is purely of civil nature.
Per contra, learned AGA submitted that there is no illegality either in the order passed by the learned Magistrate or by the learned revisional court and both the impugned orders are very reasoned and detailed one and while passing the impugned order the learned Magistrate specifically observed that as the dispute is purely of civil in nature, therefore, no direction under Section 156(3) Cr.P.C. can be issued for registration of the FIR and learned revisional court also did not find any illegality in the order passaged by the learned Magistrate.
I have heard learned counsel for both the parties and perused the record of the case.
A perusal of the application filed by the applicant under Section 156(3) Cr.P.C. clearly shows that the dispute raised in that application is of purely civil in nature, therefore, there is no need to give any direction under 156(3) Cr.P.C. and also the order passed by the learned Magistrate has been approved by the revisional court on the same ground, therefore, I find no illegality in both the orders of the learned courts below.
Therefore, in my considered view, the present application under Section 482 Cr.P.C. is devoid of merit and it is, accordingly, dismissed.
Order Date :- 20.5.2022
SKM
