Indradev Singh v. State of Up and Another

Court No. - 75

Case :- APPLICATION U/S 482 No. - 21944 of 2024

Applicant :- Indradev Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dinesh Kumar Singh Counsel for Opposite Party :- G.A.

Hon'ble Raj Beer Singh,J.

1. Heard learned counsel for the applicant and learned A.G.A. for the State.

1. Learned counsel for the applicant submitted that applicant has filed an application under Section - 156 (3) Cr.P.C., which discloses commission of cognizable offence but learned C.J.M., Varanasi has declined the prayer of investigation by police and registered the said application as a complaint case by impugned order dated 01.05.2023. It was submitted that in the incident, the applicant has sustained injuries and there were allegations of robbery thus, investigation of the matter was necessary. Learned counsel has referred case of Anmol Singh Vs. State of U.P. and Others (Application u/s 13804 of 2020), decided on 07.01.2021 and Mukesh Kharwar Vs. State of U.P. and 3 Others 2024:AHC:149752 and submitted that there is no requirement of notice to the opposite party no.2 and matter may be decided finally.

1. Matter requires consideration.

1. Perusal of record shows that the application of applicant filed under Section - 156 (3) Cr.P.C. was registered as a complaint case vide order dated 01.05.2023. The applicant has preferred a revision against that order, which has been dismissed vide impugned order