Rajendra vs State Of U.P. And Another
2023 Latest Caselaw 14835 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Neutral Citation No. - 2023:AHC:102670
 
Court No. - 81
 

 
Case :- CRIMINAL APPEAL No. - 4744 of 2023
 

 
Appellant :- Rajendra
 
Respondent :- State of U.P. and Another
 
Counsel for Appellant :- Raj Kishore Pandey,Shantanu Pandey
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Mohd. Faiz Alam Khan,J.

Heard Sri Raj Kishore Pandey, learned counsel for the appellant as well as learned A.G.A. for the State and perused the record.

The present appeal under Section 14-A(1) of the S.C./S.T. Act has been preferred by the appellant- Rajendra with the prayer to set aside the impugned order dated 18.11.2022 passed by learned Additional Sessions Judge/ Special Jduge SC/ST Act Banda in Criminal Misc. Case No. 127 of 2022 (Rajendra Vs. Chhakki Lal Patel), in Criminal Misc. Application (under Section 156(3) Cr.P.C.), Police Station Baberu, District Banda and direct the court concerned to pass fresh order directing the Station House Officer, P.S. Baberua, District Banda to register the First Information Report against the opposite party no.2.

Having regard to the order intended to be passed, the issuance of notice upon opposite party no.2 is hereby dispensed with.

The grievance of the appellant/ complainant appears to be that by passing impugned order the trial court has treated his application moved under Section 156(3) Cr.P.C. as complaint. Perusal of the impugned order would reveal that special court while treating the application moved by the appellant under Section 156(3) Cr.P.C. as a complaint has given reasons and has also relied on the law laid down by the Full Bench of this Court in Ram Babu Gupta Vs. State of U.P. reported in MANU/UP/0861/2001 as well as the Division Bench judgment of this Court in Sukhwasi Vs. State of U.P. & others; MANU/UP/1115/2007: ACC 2007 (59) 739. It has been categorically propounded in both the law reports mentioned by the special court that discretion of treating the application moved under Section 156(3) Cr.P.C. as complaint or passing an order for investigation is under the domain and discretion of the special court and the discretion is to be exercised in a judicious manner. Thus, there is no compulsion either on special court or the court of Magistrate as the case maybe to pass an order for investigation in each and every case and a decision is required to be taken having reard to the factual matrix of each and every case.

Keeping in view the factual matrix of this Court, I do not find any illegality in the impugned order whereby the application moved by the appellant under Section 156(3) Cr.P.C. is treated as complaint.

Accordingly the appeal lacks merits and is dismissed, as such.

Order Date :- 11.5.2023

Muk