Application to quash an order refusing to register a case under Section 156(3) CrPC under Section 482 CrPC is dismissed. This court held that Magistrates have discretion not to direct police registration if the application is treated as a complaint.
The petition to quash the impugned order refusing to register the case is dismissed.
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Court No. - 73 Case :- APPLICATION U/S 482 No. - 22671 of 2019 Applicant :- Sudesh Chand Kashyap Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Nandini Mishra,Ashish Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
The present application has been filed by the applicant with the prayer to quash the order dated 15.12.2018 passed by Additional Chief Judicial Magistrate, Court No. 1, Ghaziabad in Case No. 604 of 2016 (Sudesh Chand Kashyap Vs. Rakesh Baisala and others), under Sections 420, 467, 468, 471, 447, 448, 506 IPC, Police Station Loni, District Ghaziabad.
Heard learned counsel for the applicant and the learned AGA appearing for the State.
It is submitted by the learned counsel for the applicant that the Chief Judicial Magistrate treated the application under Section 156(3) Cr.P.C. as complaint on the basis of insufficient ground while the application discloses a cognizable offence. There is necessity of investigation in the matter by the police. The Magistrate concerned has passed the impugned order without applying judicial mind.
On the other hand, learned AGA has submitted that the impugned order does not suffer from any illegality or infirmity warranting interference of this Court.
Having regard to the facts and circumstances of the case, after perusing the entire record and having considered the submissions made by the learned counsel for the parties, I am of the view that no case is made out to interfere with the impugned order. The impugned order does not suffer from any infirmity or illegality. As per the settled legal position, the Court / Magistrate is not always bound to pass order for registering the case and investigation on the application under Section 156(3) CrPC disclosing a cognizable offence. It may exercise its discretion judiciously and if it is of the view that in the facts and circumstances of the case, it will be appropriate to treat the application as a complaint case then the Magistrate may proceed with according to the procedure provided under Chapter XV of CrPC. It is also clarified that if report is necessary on any point, the learned Magistrate is competent enough to call for report from the police concerned on given points. Further, it is open to the applicant to raise the question before the court concerned at the appropriate stage. Hence, the prayer made in the present application is refused.
The application u/s 482 Cr.P.C. is dismissed .
Order Date :- 1.10.2019 Sanjeet
Sudesh Chand Kashyap
Om Prakash-VII,J.
As recorded by the court registry
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