An applicant challenged orders under Section 156(3) Cr.P.C. dismissing his FIR application against a cheque dishonour respondent for allegedly transferring a truck while in jail. The High Court dismissed the application, upholding the acquittal findings based on the RTO report, and rejected the revision.
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Neutral Citation No. - 2023:AHC:229349
Court No. - 92
Case :- APPLICATION U/S 482 No. - 40021 of 2023
Applicant :- Mahesh Bansal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjeev Kumar Rai Counsel for Opposite Party :- G.A.
Hon'ble Anish Kumar Gupta,J.
the report of Assistant Regional Transport Officer, Muzaffar Nagar according to which the opposite party no. 2 had appeared in his office on 1.12.2021 and signed all the documents for issuance of NOC and subsequently the said vehicle was physically verified on 9.12.2021 and all other formalities were completed. On basis of such report the learned Magistrate has recorded the finding that no offence is made out against the opposite party no. 3, therefore, the said application was rejected. Against the said order dated 4.12.2021 rejecting the application of the applicant under section 156(3) Cr.P.C. the applicant has filed a criminal revision No. 143 of 2023, which has also been dismissed by order dated 19.8.2023, therefore, the applicant has filed the instant application challenging both the orders. Learned counsel for the applicant submits that since his application made out primafacie cognizable offence, therefore, the Magistrate was not required to conduct an enquiry and only a direction was required to be issued for registration of the F.I.R. against the opposite party no. 2.
Order Date :- 4.12.2023 o.k.
Digitally signed by :- OM KRISHNA CHOUDHARY High Court of Judicature at Allahabad
1 issue framed by the court
Whether the High Court should interfere with the dismissal of the criminal revision challenging the rejection of the FIR application under Section 156(3) Cr.P.C.
3 provisions across 2 enactments
Mahesh Bansal
State of U.P.
Opposite Party no. 2
Anish Kumar Gupta
As recorded by the court registry
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