Jitendra Kumar Vs State of U.P. and 4 Others

Reserved

In Residence

Case :- APPLICATION U/S 482 No. - 18249 of 2020 Applicant :- Jitendra Kumar Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Babu Ram Yadav,Pradeep Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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The applicant has assailed the order dated 21.09.2020 rendered by the learned trial court, directing the application under Section 156 (3) Cr.P.C to be treated as a complaint case. The complainant by the impugned order has been directed to testify before the learned trial court in proceedings under Section 200 Cr.P.C.

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The learned trial court in the impugned order has made these findings. The allegations made by the applicant in the complaint are against his wife and brothers. Criminal proceedings arise out of a matrimonial dispute between the husband and wife. The police report called by the Court records that the applicant and his wife were married 24 years ago. No child was born in the wedlock. This became the cause of estrangement between the two parties. All the material facts in controversy were entirely in the personal knowledge of the applicant. In such view of the matter, there was no case for a police investigation in the matter.

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In the wake of this discussion and relying upon the law laid down by this Court in Sukhwasi Vs. State of Uttar Pradesh reported at 2007 (6) ALJ 424 the learned trial court declined the prayer for directing the police authorities to lodge an FIR and decided to proceed with the matter as a complaint case.

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Having perused the complaint and the order passed by the learned trial court, I find that that there is no infirmity in the order passed by the learned trial court.

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The impugned order does not call for any interference.

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This application is liable to be dismissed and is dismissed.

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Order Date :- 2.6.2021 Nadeem Ahmad

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Jitendra Kumar v. State of U.P. and 4 Others

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Jitendra Kumar v. State of U.P. and 4 Others

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