High Court under Article 227 dismissed the writ petition. The Court held that the Learned Magistrate's order rejecting the application under Section 156(3) Cr.P.C. regarding a lost gun was not illegal or arbitrary as no prima facie case was made out, affirming the revisional court's dismissal.
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. - 87 Case :- MATTERS UNDER ARTICLE 227 No. - 1600 of 2022 Petitioner :- Jaswant Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- S. Kamal Akhtar Khan Counsel for Respondent :- G.A.,Rajesh Kumar Bind Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the petitioner and learned AGA for the State. Mr Rajesh Kumar Bind, learned counsel for the opposite parties is also present.
Supplementary affidavit filed by learned counsel for the opposite parties is taken on record.
Petitioner moved an application on 22.6.2020 before the Judicial Magistrate, District Hathras under Section 156(3) Cr.P.C. seeking registration of the Criminal Case against the opposite party nos. 3 to 6 which was heard and thereafter dismissed vide order dated 07.07.2020 passed by learned Judicial Magistrate, Hathras. Aggrieved against the said order, petitioner preferred Criminal Revision, which was also dismissed by the learned District & Sessions Judge, Hathras vide order dated 31.10.2020. It is this order which is subject matter of challenge before this Court.
Perusal of the impugned order passed by learned Magistrate discloses that the application under Section 156(3) Cr.P.C. was moved on 22.6.2022 regarding loss of his licensee gun in the year 2017 upon which report was called for from the concerned police station and as per report of the concerned police station an FIR vide Case Crime No. 440 of 2017, under Sections 379, 411 IPC is already pending in which the application given by the petitioner included in the investigation, and after considering the material on record, the application was rejected. The said order was challenged by the petitioner by filing Criminal Revision and the said revision was also dismissed by the revisional court.
It is contended by learned counsel for the petitioner that both the courts below has not applied its mind and has passed the impugned order in an arbitrary manner.
Learned AGA as well as learned counsel for the opposite parties have submitted that it is for the satisfaction of the Magistrate concerned and if after calling the report or collecting the material evidence from the police station concerned he is of the satisfaction that no prima facie case is made out against the opposite parties, Magistrate is not bound to order for registration of the case.
Considering the facts and circumstances of the case, this Court is of the view that there is no illegality or irregularity in the orders impugned and after collecting the report from the police station concerned or the report otherwise the Magistrate was of the view that no prima facie case was made out. Thus, the application was rightly rejected by the learned Magistrate.
The writ petition has no force and is accordingly dismissed.
Order Date :- 16.5.2022/RavindraKSingh
Digitally signed by RAVINDRA KUMAR SINGH Date: 2022.05.16 15:53:39 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the impugned orders not directing registration of criminal case under Section 156(3) Cr.P.C. suffer from illegality or arbitrariness.
2 provisions across 2 enactments
Jaswant Singh
State Of U.P.
4 Others
Shekhar Kumar Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
