A writ petition under Article 227 seeking quashing of orders rejecting an FIR application under Section 156(3) Cr.P.C. and dismissing a revision was dismissed. The court held the orders were not illegal or perverse and the petition lacked merits.
The writ petition was dismissed with no order or direction issued to the lower courts.
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. - 66
Case :- MATTERS UNDER ARTICLE 227 No. - 180 of 2020
Petitioner :- Manish Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Krishna Kumar Yadav Counsel for Respondent :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the petitioner as well as learned A.G.A. for the State.
The present writ petition has been filed with the prayer to issue order or direction in the nature of certiorari for quashing the impugned order dated 8.4.2019 passed by Additional Session Judge, Court No.2, Bulandshahr in Criminal Revision No. 144 of 2018 (Manish Kumar vs. State of U.P. & others) as well as the order dated 11.1.2018 passed by Additional Civil Judge (S.D.)/A.C.J.M., Court No.1, Bulandshahr in Misc. Case No.13 of 2017, under Section 156(3) Cr.P.C., Police Station Salempur, District Bulandshahr.
Having heard learned counsel for the petitioner as well as learned A.G.A. for the State and perused the impugned order whereby the application under Section 156(3) moved by the petitioner for registration of F.I.R. against opposite party no.2 has been rejected and the said application has been treated as a complaint case and the applicant was directed to appear for recording statement under Section 200 Cr.P.C. The said order was passed on 11.1.2018 against which a criminal revision was preferred by the petitioner in April, 2019.
In my opinion, not only under the facts and circumstances of the case registration of F.I.R. is unwarranted and apart from it the revision has been dismissed way back in the year 2019 even on the ground of latches that the instant writ petition is not maintainable.
There is no illegality or perversity in the impugned orders dated 11.1.2018 passed by Additional Civil Judge (S.D.)/A.C.J.M., Court No.1, Bulandshahr and 8.4.2019 passed by Additional Session Judge, Court No.2, Bulandshahr.
The present writ petition is bereft of merits and the same is, accordingly, dismissed .
Order Date :- 28.1.2020
Vikas
2 issues framed by the court
Whether the High Court should exercise its discretionary writ jurisdiction under Article 227 to quash the Impugned Orders dated 11.1.2018 and 8.4.2019.
Whether the refusal to register an F.I.R. under Section 156(3) Cr.P.C. and the consequent treatment of the matter as a complaint were arbitrary or without jurisdictional basis.
2 provisions across 2 enactments
Manish Kumar
State Of U.P.
Rajul Bhargava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
