The single judge issued a direction regarding the procedure for a complaint case initiated under Section 156(3) Cr.P.C.
Direct that if the matter proceeds as a complaint case, it shall be decided in accordance with Section 202(1) Cr.P.C.
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Neutral Citation No. - 2025:AHC:80213
Court No. - 81
Case :- MATTERS UNDER ARTICLE 227 No. - 733 of 2025
Petitioner :- Gaurav Verma Respondent :- State of U.P. and Another Counsel for Petitioner :- Sanjay Mishra Counsel for Respondent :- G.A.,Sarvesh
Hon'ble Ms. Nand Prabha Shukla,J.
Counter affidavit filed by learned counsel for the respondent no. 2 is taken on record.
Heard Sri Sanjay Mishra, learned counsel for the petitioner, learned AGA for the State, Sri Sarvesh, learned counsel for the respondent no. 2 and perused the record.
The present petition under Article 227 of the Constitution of India has been filed with the following prayers:
"(i) issue a order and set aside the impugned order dated 18.11.2024 passed in Criminal Revision No. 127 of 2024 (Gaurav Verma vs. State & another).
(ii) issue a order and set aside the impugned order dated 24.05.2024 passed in Misc. Case No. 628 of 2023 (14 of 2024) (Gaurav Verma vs. Kamplapati Verma) so far as treated this application under Section 156(3) Cr.P.C. as a complaint case.
(iii) issue any other order or direction in suitable nature which this Hon'ble Court may deem fit and proper under the circumstances of the case.
(iv) award the cost of the petitioner to the petitioner."
It has been submitted by learned counsel for the petitioner that an application under Section 156 (3) Cr.P.C. was moved by the petitioner before Chief Judicial Magistrate, Etawah to lodge an FIR against the respondent no. 2 along with other accused persons but vide order dated 24.5.2024 the same has been registered as a complaint case. It has been submitted that the matter needs to be investigated. However, the revisional court has affirmed the order dated 24.5.2024.
Per contra, learned AGA for the State has submitted that section 202(1) Cr.P.C. empowers the Magistrate to make an enquiry or direct an investigation to be made by a police officer.
Accordingly, it is hereby directed to the court concerned that in case the matter proceeds as a complaint case, the court shall decide the matter in accordance with the procedure provided under Section 202(1) Cr.P.C..
With the aforesaid directions, the petition is disposed of.
Order Date :- 15.5.2025 Puspendra
Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad
1 issue framed by the court
Whether the direction that a complaint registered under Section 156(3) Cr.P.C. proceed under Section 202(1) Cr.P.C. is appropriate.
1 provisions across 1 enactments
Gaurav Verma
State of U.P.
Kamplapati Verma
Nand Prabha Shukla
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
