Allahabad High Court
Moin Khan vs State Of Up Through Principal ... on 23 March, 2023
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 71
Case :- APPLICATION U/S 482 No. - 9607 of 2023
Applicant :- Moin Khan
Opposite Party :- State Of Up Through Principal Secretary Home And 9 Others
Counsel for Applicant :- Manoj Kumar Shukla
Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
List revised.
Heard Sri Manoj Kumar Shukla, learned counsel for the applicant, Sri B.B. Upadhyay, learned counsel for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicant Moin Khan with the prayer to allow this application and to set aside the order dated 01.10.2022 passed by the learned Chief Judicial Magistrate, Rampur in Misc. Criminal Case No. 635 of 2021 registered in CNR No. UPRP04 (Moin Khan Vs. Abrar Khan and others), under Section 156(3) Cr.P.C., P.S. Ganj, District Rampur, further be pleased to remand back this matter to the learned court below for reconsider and as well as treat this case as State Case.
The brief facts of the case are that an application dated 18.08.2021 was filed under Section 156(3) Cr.P.C. by the applicant which vide order dated 01.10.2022 was directed to be treated as a complaint by the trial court. Subsequently the said application was rejected by the trial court vide order dated 30.09.2021. Against the said order dated 30.09.2021, the applicant preferred a criminal revision before the Sessions Judge concerned which was allowed vide judgment and order dated 07.09.2022 and the impugned order dated 30.09.2021 therein was set aside and the matter was remanded back to the trial court to be heard and decided as per law. The trial court then vide order dated 01.10.2022 treated the said application under Section 156(3) Cr.P.C. as a complaint and directed recording of statement under Section 200 Cr.P.C. The present application under Section 482 Cr.P.C. has thus been filed before this Court with the aforesaid prayer.
Learned counsel for the applicant argued that the matter is such which needs to be investigated and without considering the facts and circumstances of the case, the trial court has directed the same to be treated as a complaint. It is argued that even the non application of mind is apparent from the fact that the trial court without considering the facts previously rejected it vide order dated 30.09.2021 against which the applicant had preferred a revision being Criminal Revision No. 130 of 2021 (Moin Khan Vs. Abrar Khan and others) before the learned Sessions Judge concerned which was allowed and the order dated 30.09.2021 was set aside in the matter and remanded back to the Chief Judicial Magistrate concerned to pass appropriate orders in accordance with law after which the order impugned dated 01.10.2022 has been passed treating the said application under Section 156(3) Cr.P.C. as a complaint case. It is argued that the allegations are serious in nature and without investigation, it cannot be properly decided and it is only the investigating agency to collect the material evidence against the accused persons. It is argued that the investigation may help the complainant by collecting the material evidence and as such the case be directed to be treated as a State case.
Per contra, learned counsel for the State opposed the prayer as aforesaid and argued that the order dated 01.10.2022 treating the application under Section 156(3) Cr.P.C. as a complaint is just and proper. The trial court has after going through the merits of it came to the conclusion that the date, time, place of occurrence and also the allegations as levelled therein are within the knowledge of the complainant and as such the matter be treated as a complaint case. It is argued that there is no illegality or irregularity in the impugned order.
After having heard learned counsel for the parties and perusing the records, it is evident that the trial court has while passing the order dated 01.10.2022 treated the application under Section 156(3) Cr.P.C. as a complaint on cogent and detailed findings. The trial court has returned a finding in so far as the allegations are concerned that the complainant is within the knowledge of the facts of the case and as such it is a fit case for being treated as a complaint.
In view of the same, the present petition does not call for any interference and the order impugned is just and proper.
The application stands rejected.
Order Date :- 23.3.2023
M. ARIF/e-file
(Samit Gopal, J.)
