The High Court dismissed an application under Section 482 Cr.P.C. challenging an order treating a Section 156(3) Cr.P.C. application as a complaint case, holding that the applicant had an alternative remedy of revision.
The application stands dismissed in view of the existence of an alternative remedy of revision.
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Court No. - 90
Case :- APPLICATION U/S 482 No. - 15794 of 2022
Applicant :- Jahendra Singh Opposite Party :- State Of U.P. And 11 Others Counsel for Applicant :- Vinod Kumar Tirpathi,Manoj Kumar Tripathi
Counsel for Opposite Party :- G.A.
Hon'ble Ram Manohar Narayan Mishra,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C., application has been filed for quashing the order dated 9.5.2022 passed by Special Judge, SC/ST Act, District Bijnor in Criminal Misc. Case No. 185 of 2022, under Sections 452, 427, 323, 504, 506, 147, 148, 307 IPC and 3(1) SC/ST Act, P.S. Chandpur, District Bijnor, wherein, an application u/s 156(3) Cr.P.C. has been moved by the applicant with prayer to direct the concerned police to register case and investigate the matter; the court below has treated the said application as a complaint case and directed for recording of statement under Section 200 Cr.P.C. in the light of judgment in ACC 2001 (43) Page-50, Rambabu Gupta vs. State of U.P. and Anr. and ALJ 2007 (6) Page-42, Sukhwasi vs. State of U.P.
Learned counsel for the applicant has contended that the learned court below has treated the application under Section 156(3) Cr.P.C., for registration of case as a complaint case without application of mind, which is illegal and arbitrary, thus, the order impugned is bad in law. The learned court below has failed to consider the material on record as well as contents of the application while passing the impugned order. Therefore, the order dated 9.5.2022 may be quashed and a direction may be issued for registration of case and investigation of the matter by the police.
Learned AGA has raised preliminary objection that the instant application is not maintainable against the order impugned. There is specific provision of filing criminal revision under the Code of Criminal Procedure. Under Section 156(3) of Cr.P.C. itself provides that the Magistrate empowered under Section 190 may order such an investigation as mentioned above. It is settled law that Magistrate can direct registration of case and investigation by the police in appropriate case where police has held to register the FIR where the cognizance of offence has been disclosed. In the case of Sukhwasi (supra), Division Bench
of this Court has held that Magistrate can issue direction to the police to register a case and investigate on an application under Section 156(3) Cr.P.C. and Magistrate can also treat the application as a complaint case and proceed in the matter in accordance with procedure prescribed for complaint case. As per the pronouncement of the Division Bench, the instant application is not maintainable against the order impugned and is liable to be dismissed to avail alternative remedy.
After hearing the learned counsel for the applicant, learned A.G.A. and after perusing the order impugned as well as averments made in the present application, this Court is of the opinion that the applicant has an alternative remedy of revision open to him before the competent court as per provisions of Criminal Procedure Code.
With the aforesaid observations, this application stands disposed of.
Order Date :- 14.9.2022 Dhirendra/
Digitally signed by DHIRENDRA KUMAR Date: 2022.09.16 15:38:19 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the present application under Section 482 Cr.P.C. challenging the order treating a Section 156(3) application as a complaint is maintainable when an alternative remedy of revision exists.
Whether the High Court can dispose of the application despite the learned court below establishing an alternative remedy open to the applicant.
Colour shows how this judgement treated each authority
ACC 2001 (43) Page-50, Rambabu Gupta vs. State of U.P. and Anr.Referred¶7
Sukhwasi vs. State of U.P.Distinguished¶7
ALJ 2007 (6) Page-42, Sukhwasi vs. State of U.P.
Sukhwasi vs. State of U.P.Distinguished¶10
Sukhwasi (supra)
3 provisions across 1 enactments
Jahendra Singh
State Of U.P. And 11 Others
Ram Manohar Narayan Mishra
Dhirendra Kumar
As recorded by the court registry
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