The High Court rejected an application under Section 482 Cr.P.C. challenging the trial court's decision to treat an application u/s 156(3) Cr.P.C. as a complaint case under Section 190(1) Cr.P.C. instead of a cross-case.
Application under Section 482 Cr.P.C. rejected for lack of merit.
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Neutral Citation No. - 2024:AHC:175979
Court No. - 74
Case :- APPLICATION U/S 482 No. - 33997 of 2024
Applicant :- Mithlesh Opposite Party :- State Of Up And 4 Others Counsel for Applicant :- Keshav Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Manish Mathur,J.
under Section 190(1) Cr. P.C. has been exercised with regard to Application submitted by Applicant under Section 156(3) Cr.P.C. Under the aforesaid provision, the Magistrate has ample powers either to direct registering of first information report or to treat it as a Complaint Case.
Order Date :- 11.11.2024 kvg/-
Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad
2 issues framed by the court
Whether an application u/s 156(3) Cr.P.C. filed after an answer was registered as an FIR is mandatory to be treated as a cross-case instead of a complaint case.
Whether the High Court should interfere when a lower court exercised its discretionary power under Section 190(1) Cr.P.C. to treat the matter as a complaint case.
3 provisions across 1 enactments
Mithlesh
State Of Up
Others
Manish Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
