Gurdeep Singh vs State Of U.P. And Another
2024 Latest Caselaw 18208 ALL

Allahabad High Court

Gurdeep Singh vs State Of U.P. And Another on 21 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:92051
 

 
Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 4101 of 2024
 

 
Applicant :- Gurdeep Singh
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Manoj Kumar
 
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 judgment and order dated 18.12.2023 passed by learned Sessions Judge, Gorakhpur in Criminal Revision No.313 of 2023 (Gurdeep Singh vs. State of UP) and order dated 10.10.2023 passed by the Additional Chief Judicial Magistrate-I, Gorakhpur in Misc. Case No.205 of 2023 (Gurdeep Singh vs. Ram Kishan Saini and others) under Section 156 (3) of Cr PC relating to Police Station Gorakhnath, District Gorakpur. Further prayer is also made to direct the Additional Chief Judicial Magistrate-I, Gorakhpur to pass afresh and appropriate order in Misc. Case No.205 of 2023 (Gurdeep Singh vs. Ram Kishan Saini and others) under Section 156 (3) of Cr PC relating to Police Station Gorakhnath, District Gorakhpur to the effect register the case and investigate the matter against the accused persons subject matter of application filed under Section 156 (3) of Cr PC by the applicant.

It is submitted by learned counsel for the applicant that the applicant filed an application under Section 156 (3) of Cr PC for registering an FIR in respect of the alleged incident against one named and one unknown person and investigation thereof. The learned Magistrate, without applying judicial mind and in arbitrary manner, instead of directing the police to register an FIR, treated the application as a complaint case. It is further submitted that without registering an FIR and investigating the matter by the police, details of the proposed/unknown accused cannot be ascertained. Against the order passed by the learned Magistrate, the applicant filed a revision, which was also dismissed by the learned Sessions Judge, without considering the factual and legal aspects of the case.

Per contra, learned AGA opposed the prayer and submitted that the orders of the learned Magistrate as well as of the learned Revisional Court have rightly been passed and there is no illegality or infirmity in the same.

Having heard learned counsel for the parties, this Court finds that learned counsel for the applicant could not point any illegality in the orders impugned.

Accordingly, the present application is, dismissed.

Order Date :- 21.5.2024

RKK/-