Application under Section 482 Cr.P.C. to quash orders rejecting a Section 156(3) Cr.P.C. application was rejected. The court held a villager has no locus to file such an application when the Gram Panchayat Act provides the remedy.
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Court No. - 76
Case :- APPLICATION U/S 482 No. - 46345 of 2019
Applicant :- Seetaram Opposite Party :- State Of Up And 3 Others Counsel for Applicant :- Madan Mohan Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Under the order dated 16th February, 2016, the application filed by the applicant under Section 156 (3) Cr.P.C. for lodging of the first information report against opposite party nos. 2 to 4 has been rejected by the concerned Magistrate. Against the said order, the applicant preferred Criminal Revision No. 62 of 2016 before the revisional court which has been dismissed by the revisional court under the order dated 20th January, 2018. It is against these two orders that the present application under Section 482 Cr.P.C. has been filed.
misappropriation and embezzlement of public money. The applicant has also made an application before the Police for lodging of the first information report against them but nothing has been done, hence he made application under Section 156 (3) Cr.P.C. which has been rejected by the concerned Magistrate vide impugned order dated 16th February, 2016, which has been affirmed by the revisional court vide order dated 20th January, 2018. It is submitted by the learned counsel for the applicant that both the orders passed by the courts below are wholly illegal and without application of mind and also against the evidence on record, they are unsustainable in the eyes of law, as such the same deserve to be quashed.
In view of the aforesaid, I find no good reason to interfere with the orders impugned. The present application is, accordingly, rejected.
(Manju Rani Chauhan, J.)
Order Date :- 3.1.2020 Sushil/-
2 issues framed by the court
Whether the applicant, a villager and not a member of the panchayat, has locus to file an application under Section 156(3) Cr.P.C. regarding alleged embezzlement by the Pradhan.
Whether the High Court should interfere with the dismissal of the application under Section 156(3) Cr.P.C.
2 provisions across 1 enactments
Seetaram
State Of Up
Surendra Yadav
Pyari Devi
Nand Kumar Yadav
Manju Rani Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
