Disposed

Tanveer Tabassum v. State of U.P. and 3 Others

Allahabad HC7 Mar 2022A482/22488/2021

Case brief

AI extract

What is this about?

This application under section 482 Cr.P.C. challenged an order treating a fraud allegation as a complaint case rather than directing investigation. The High Court held the lower court correct in exercising discretion to treat it as a complaint case, leaving further inquiry options open under section 202 Cr.P.C.

What did the court decide?

Application dismissed on merits; subject to further procedure under section 202 Cr.P.C.

Tanveer Tabassum Vs State of U.P. and 3… — Civil Procedure and Limitation | Allahabad HC (2022)

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Court No. - 91

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Case :- APPLICATION U/S 482 No. - 22488 of 2021

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Applicant :- Tanveer Tabassum Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Pradeep Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Syed Aftab Husain Rizvi,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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This application U/s 482 Cr.P.C. has been filed to quash the impugned order dated 14.9.2021 passed by C.J.M. Firozabad in Misc. Case No. 358 of 20121(Tanveer Tabassum Vs. Arif and others) under section 156(3) Cr.P.C., P.S. Dakshin, District Firozabad.

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The applicant filed an application U/s 156(3) Cr.P.C. before the Magistrate making allegations against O.P. Nos. 2 to 4 of fraud and cheating in view of sanctioning of bank loan. By the impugned order learned Magistrate has treated it as a complaint case and has directed the complainant to produce his evidence under section 200 Cr.P.C.

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The submission of learned counsel for the applicant is that learned Magistrate did not consider the real facts and circumstances of the case and has passed the impugned order of treating it as complaint case. It is also contended that on similar matter on an application of another person Danish against the same parties before the concerned court the court was pleased to pass an order to register a case and FIR has been lodged in compliance of it. It is further contended that applicant and Danish have taken the loan from the concerned bank and O.P. Nos. 2 to 4 played fraud with them. The learned Magistrate has passed the impugned order without application of judicial mind. The allegations of the application prima facie discloses a cognizable offence. The learned Magistrate should have passed the order for registration of the case.

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Learned A.G.A. opposed it.

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It is settled principle of law that on an application U/s 156(3) Cr.P.C. the Magistrate has power to register it as a complaint case if he deems fit in the circumstances of the case. He has also power to order for registration of the FIR. Further he may reject the application out rightly if he come to the conclusion that if no prima facie case is made out.

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In the present case the learned Magistrate has exercised the power on the first option and has ordered to register as a complaint case. So there is no illegality or infirmity in the impugned order.

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After examination of complainant under section 200 Cr.P.C. the Magistrate has ample power under section 202 Cr.P.C. to either inquire into the case himself or direct an investigation to be made by a Police Officer or by such other person as he thinks fit for deciding whether or not there is sufficient ground for proceeding. So still the Magistrate has power to order for investigation by police or by any other person under section 202 Cr.P.C., if he deems fit necessary for just disposal of the matter. The applicant may pray the same before the trial court at appropriate stage after her examination under section 200 Cr.P.C. and the learned Magistrate may consider the prayer of the applicant and may pass appropriate order on it.

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With the aforesaid observations, this application U/s 482 Cr.P.C. is disposed of.

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Order Date :- 7.3.2022 Masarrat

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Digitally signed by MASARRAT HUSAIN Date: 2022.03.07 17:17:12 IST Reason: Location: High Court of Judicature at Allahabad

Tanveer Tabassum v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Tanveer Tabassum v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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