Disposed
Raja Bhaiya v. State of U.P. and Others
Allahabad HCA482/1021/2007
Case brief
from the order text
What is this about?
Case :- APPLICATION U/S 482 No. - 1021 of…
What the court decided
AI extract
Case :- APPLICATION U/S 482 No. - 1021 of…
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 48
Case :- APPLICATION U/S 482 No. - 1021 of 2007
Applicant :- Raja Bhaiya Opposite Party :- State Of U.P. & Others Counsel for Applicant :- V.S. Parmar Counsel for Opposite Party :- Govt. Advocate
Hon'ble Karuna Nand Bajpayee,J.
This application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the impugned order dated 7.12.2006 passed by learned Special Judge, D.A.A., Hamirpur in Criminal Misc. No. 47/11/2006, Raja Bhaiya vs. Vijay Bahadur and others, whereby the application moved under Section 156 (3) Cr.P.C. has been rejected.
Heard Sri Hariom Singh, Advocate holding brief of learned counsel for the applicant and learned A.G.A. for the State.
Perused the record.
It appears that the application moved by the applicant under Section 156 (3) Cr.P.C. has been rejected by the court below as the Magistrate was not satisfied that the matter deserved investigation. Such are the matters of judicial discretion and unless this Court sees any element of perversity reflected in the order, this Court is loath to interfere in the same. At any rate the option to file a complaint in the facts and circumstances of the case shall always be open for the applicant which is an alternative mode to express grievance and to seek initiation of judicial process against the alleged accused. Learned counsel appearing on behalf of the applicant seeks permission to file complaint. In that regard it may be observed that if the applicant wants to file a complaint or if he is so advised, he does not need any permission of this Court. It is a matter of right which can be exercised by him and consequent legal action would follow in accordance with law in the facts and circumstances of the case and in the light of which the judicial court would be passing its order as it may deem fit in accordance with law. In fact if the court proceeds in the matter as a complaint case it has still the scope open to direct investigation under the scheme of Criminal Procedure Code at appropriate stage.
With the aforesaid observations, this application stands disposed off.
Order Date :- 24.10.2018 Naresh
Raja Bhaiya
Karuna Nand Bajpayee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court