Suvigya Kumar Mishra vs State Of Up And 3 Others
2024 Latest Caselaw 17797 ALL

Allahabad High Court

Suvigya Kumar Mishra vs State Of Up And 3 Others on 17 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:90059
 

 
Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 5679 of 2024
 

 
Applicant :- Suvigya Kumar Mishra
 
Opposite Party :- State Of Up And 3 Others
 
Counsel for Applicant :- Suyigya Kumar Sharma
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Mayank Kumar Jain,J.
 

Heard learned counsel for the applicant and learned AGA for the State.

Present application u/s 482 of Cr PC has been filed by the applicant, praying for quashing the impugned order dated 13.10.2023 passed by learned Additional District and Sessions Judge, Court No.15, Murzaffar Nagar in Criminal Revision No.295 of 2023 (Suvigya Kumar vs. State of UP & Others) upto the extent of registration of first information report as complaint case, as well as the impugned order dated 8.8.2023 passed by the learned Additional Civil Judge (Junior Division), Court No.1/Judicial Magistrate, Muzaffarnagar in F.R. No.38/12 of 2023 (Suvigya Kumar vs. Baleshwar Dutta etc.), Police Station Bhopa, District Muzaffarnagar.

Challenge in this application is to the order dated 8.8.2023 passed by learned Additional Civil Judge (Junior Division), Court No.1/Judicial Magistrate, Muzaffarnagar.

It is submitted by learned counsel for the applicant that an FIR was lodged by the applicant against opposite party nos.2 to 4. After investigation, a final report was submitted against which, a protest petition was filed by the applicant. Learned Magistrate, by the impugned order, without assigning any reason and without application of judicial mind, out of four options available to the learned Magistrate in view of the judgment in Pakhandu & Others vs. State of Uttar Pradesh & Others, 2002 Allahabad Criminal Decision 1, opted to proceed with the complaint.

Per contra, learned AGA opposed the prayer.

Perusal of impugned order goes to show that the learned Magistrate did not discuss the matter on merit. When on the basis of an FIR a final report was filed, then why he opted to treat the protest petition as a complaint, is also not supported with any reason given by him. The learned Magistrate passed the impugned order in a mechanical manner.

In view of above, the order dated 8.8.2023 passed by learned Magistrate as well as order dated 13.10.2023 passed by the Revisional Court, are hereby set aside. The matter is remanded back to the learned Magistrate, for passing fresh order in accordance with law, within two months from the date of production of a certified copy of this order, after hearing the applicant.

The present application is, accordingly, allowed.

Order Date :- 17.5.2024

RKK/-