Application under Section 482 Cr.P.C. filed against an order rejecting a Section 156(3) Cr.P.C. application. Court dismissed the application, noting lack of credentials and ulterior motives of the applicant to prosecute government servants.
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Court No. - 87
Case :- APPLICATION U/S 482 No. - 21349 of 2022
Applicant :- Madhav Singh Opposite Party :- State Of U.P. And 13 Others Counsel for Applicant :- Dharmendra Singh Counsel for Opposite Party :- G.A.,Krishna Mohan Asthana
Hon'ble Dinesh Kumar Singh,J.
The present application under Section 482 Cr.P.C. has been filed against the order dated 05.11.2019, whereby the application under Section 156(3) Cr.P.C. filed by the applicant for seeking direction for lodging the FIR against the private respondents, who are the Government Servants, under Sections 420, 409, 467, 468, 471 I.P.C. and Section 13 of Prevention of Corruption Act has been rejected by the learned Special Judge Anti Corruption Act, Court No. 1, Meerut in Criminal Misc. Case No. 527 of 2019 on the ground that the learned Magistrate while exercising the power under Section 156(3) Cr.P.C. cannot prefer a complaint for lodging the FIR without prior sanction from the competent authority.
The accused-applicant claimed to be social worker but he has not disclosed his credential anywhere in the present application. This Court is of the view that the accused-applicant wants to prosecute the private respondents for ulterior purposes. He has not made any complaint to the District Magistrate/District Panchayat Raj Officer as provided under the Panchayati Raj Act and Rules framed thereunder. He wants to resort the criminal proceedings to persecute the Government Servants and, therefore, this Court even otherwise does not find any ground to interfere with the impugned order passed by the learned Special Judge. Therefore, the present application is dismissed .
However, it is provided that the accused-applicant may file appropriate complaint before the competent authority, if he is so advised.
[Dinesh Kumar Singh,J.]
Order Date :- 3.1.2023 Shafique
Digitally signed by SAFIKUR RAHAMAN Date: 2023.01.05 11:48:12 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the High Court should interfere with the Special Judge's order rejecting the sanctionless FIR application under Section 156(3) Cr.P.C.
2 provisions across 1 enactments
Madhav Singh
State Of U.P.
Dinesh Kumar Singh
As recorded by the court registry
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