Dismissed

Preeti v. State of U.P. and 3 Others

Allahabad HC2 Jan 2023CRLA/10199/2022

Case brief

AI extract

What is this about?

Criminal appeal against an order dismissing the request for FIR registration. The Special Judge treated the Section 156(3) application as a complaint. The High Court held no error was committed and dismissed the appeal, directing the trial court to proceed expeditiously.

What did the court decide?

Appeal dismissed; trial court directed to proceed expeditiously, record statement, and then take call for summoning respondents.

Preeti Vs State of U.P. and 3 Others — Caste Atrocities | Allahabad HC (2023)

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Court No. - 87

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Case :- CRIMINAL APPEAL No. - 10199 of 2022

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Appellant :- Preeti Respondent :- State Of U.P. And 3 Others Counsel for Appellant :- Mahendra Pratap,Mehendra Kumar Singh Counsel for Respondent :- G.A.

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Hon'ble Dinesh Kumar Singh,J.

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1. Heard and gone through the file.

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The present appeal under Section 14-A(1) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 has been filed being aggrieved by the order dated 07.09.2022 passed by the learned Special Judge (SC/ST Act), Ghaziabad in Criminal Misc. Application No.399 of 2022, under Section 156(3) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the "CrPC") for a direction to register FIR against private respondents which has been treated as complaint and the complainant has been directed to appear for recording her statement under Section 200 CrPC for further proceeding.

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Learned counsel for the appellant submits that the complainant had received injuries caused by the private respondents and, therefore, the learned Magistrate ought to have directed for registration of the FIR and custodial interrogation of the private respondents.

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Except for statement of the complainant, may be statement of some witnesses, no other evidence is required to be collected during the course of investigation. The learned Magistrate is well within the power to treat the application under Section 156 CrPC as complaint and proceed accordingly.

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Considering all the facts and circumstances of the case, I am of the view that the learned Magistrate has not committed any error of law or jurisdiction while treating the application under Section 156(3) CrPC as complaint and directing for recording statement on oath of the complainant.

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In view thereof, there is no error, either of law or jurisdiction, having been committed by the learned Special Judge while passing the order impugned. Hence, the appeal is dismissed. The learned trial Court is directed to proceed with the case expeditiously and record statement of the complainant and witness, if any, and then take call for summoning private respondents.

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[D.K. SINGH, J.]

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Order Date :- 2.1.2023 MVS/-

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Digitally signed by MANOJ VIKRAM SINGH CHAUHAN Date: 2023.01.02 16:34:01 IST Reason: Location: High Court of Judicature at Allahabad

Preeti v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Preeti v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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