The Criminal Court dismissed an application under Section 482 Cr.P.C. filed to quash an order allowing a Section 156(3) petition. The court relied on a full bench decision stating that such applications are not maintainable, holding the current application lacks merit.
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. - 70
Case :- APPLICATION U/S 482 No. - 8207 of 2019
Applicant :- Bhagelu Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Ram Mani Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant and learned Additional Government Advocate for the State/opposite party no.1 and perused the record with the assistance of leaned counsel for the parties.
This application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to quash the order dated 06.12.2018 passed by Chief Judicial Magistrate, Basti, whereby the application under Section 156(3) Cr.P.C. filed by the opposite party no.2 has been allowed directing the Station House Officer Dabauliya, District-Basti to register and investigate the case against the applicant.
Learned A.G.A. submitted that present application against the order allowing the application under Section 156 (3) Cr.P.C. of the complainant/informant is not maintainable in view of full Bench decision of this Court in Case of Father Thomas Vs. State of U.P. & Another, 2010 SCC online All-2710.
Since the present application is not maintainable in view of aforesaid full Bench decision of this Court, hence, the application lacks merit and is accordingly dismissed.
Order Date :- 8.3.2019 AKT
1 issue framed by the court
Whether an application under Section 482 Cr.P.C. to quash an order allowing a Section 156(3) Cr.P.C. petition is maintainable when a full bench decision of this Court holds it is not maintainable.
Colour shows how this judgement treated each authority
Father Thomas Vs. State of U.P. & AnotherReferred¶7
Father Thomas Vs. State of U.P. & Another, 2010 SCC online All-2710 · Who else cites this
Bhagelu
State Of U.P.
Sanjay Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
