Murtuza Vs State of Up and 4 Others

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 482 No. - 24409 of 2024

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Murtuza

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.....Applicant(s)

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	Versus
State Of Up And 4 Others			.....Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Sanjeev : Ashok Singh	Kumar Khare Kumar Singh,	G.A., Pratibha

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Court No. - 81

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HON'BLE ACHAL SACHDEV, J.

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Counter affidavit filed on behalf of the opposite party no.2 to 5, today in the Court, is taken on record.

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This application u/s 482 Cr.P.C. has been preferred by the applicant with the prayer to set-aside the order dated 05.06.2024, passed by the learned Additional District and Sessions Judge/Special Judge POCSO Act (Ananya), Jaunpur, in Criminal Misc. Case No.57 of 2023 (Murtaza Vs. Ram Sareek Gautam and Others), whereby the application of the applicant u/s 156(3) Cr.P.C., Police Station Jalalpur, District Jaunpur, has been directed to proceed as Complaint Case.

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Learned counsel for the applicant submits that applicant has moved an application u/s 156(3) Cr.P.C. on 25.09.2023, stating therein that on 19.09.2023 at 01.00 hours the opposite party nos.2 to 5 alongwith some police personnel illegally occupied the applicant's purchased land, abused and assaulted the minor daughter of the applicant/complainant and torn her cloths. The daughter of applicant/complainant was medically examined by the order dated 20.09.2023 of the District Magistrate, Jaunpur. The applicant/complainant had no hope of justice from the police station concerned, therefore, he moved an application before the Superintendent of Police, Jaunpur, through registered post, but no action was taken, then the

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A482 No. 24409 of 2024

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2

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applicant/complainant moved application under section 156(3) Cr.P.C. before the court concerned with prayer to register the case and investigate the matter.

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Learned counsel for the applicant further submits that learned trial court without considering the seriousness of the matter, illegally and wrongly passed the impugned order dated 05.06.2024, by which the application U/s 156(3) Cr.P.C. moved by the applicant/complainant was directed to be registered as a complaint case and fixed the next date for statement of the applicant/complainant under section 200 Cr.P.C.

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Learned counsel for the opposite party no.2 as well as learned AGA for the State has vehemently opposed the aforesaid arguments of learned counsel for the applicant/complainant and has raised a preliminary objection on the ground of maintainability of present application and has submitted that the applicant has an alternative remedy to approach the revisional court by means of filing revision against the impugned order dated 05.06.2024, by which the application U/s 156(3) Cr.P.C. moved by the applicant was directed to be registered as complaint case, hence present application is not maintainable and liable to be rejected.

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Heard Ms. Archna Chauhan, Advocate, holding brief of Sri Sanjeev Kumar Khare, learned counsel for the applicant, Ms. Pratibha Singh, learned counsel for opposite party nos.2 to 5, Sri Jhaman Ram, learned AGA for the State and perused the record.

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Perusal of the order shows that by way of order under challenge dated 05.06.2024, the learned trial court had treated the application under section 156(3) Cr.P.C. moved by the applicant/complainant to be registered as a complaint case, and the aforesaid act of learned trial court Magistrate to treat the application under section 156(3) Cr.P.C. as complaint case is its jurisdiction and discretion, as has been laid down by the Allahabad High Court, in the case of Sukhwasi Vs. State of Uttar Pradesh, 2008 Cri LJ

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A482 No. 24409 of 2024

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3

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472 and in the light thereof the application u/s 482 Cr.P.C. is ill founded. It has been brought to the notice of the Court by the learned counsel for the opposite party no.2 that the complaint was dismissed by the learned trial court, against which the Criminal Revision No.5835 of 2024 was filed by the applicant/complainant, which is pending before this Court and this Court has noted the same facts in its order dated 24.11.2025 passed in the present application, in the presence of learned counsel for the applicant. Since the complaint case has been dismissed under section 203 Cr.P.C., there is no criminal case pending before the trial court, in regard to which the proceedings of trial court may be looked into, in the present application u/s 482 Cr.P.C. The proceeding U/s 482 Cr.P.C. are intrinsically relating to saving of inherent power of the High Court, and the High Court has power under section 482 Cr.P.C. to make orders as may be necessary to give effect to any order under Cr.P.C. In absence of any pending proceeding before the trial court in the said complaint case and it has never been brought to the notice of the Court that the proceedings have been restored by any order of the superior court, the present proceeding under section 482 Cr.P.C. has no relevance and the present application u/s 482 Cr.P.C. has become infructuous.

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Accordingly, the present application u/s 482 Cr.P.C. is dismissed as infructuous.

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Certified copy of the documents shall be returned to learned counsel for the applicant as per Rules.

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April 24, 2026 VKG

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(Achal Sachdev,J.)

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Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad

Murtuza v. State of Up and 4 Others

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Murtuza v. State of Up and 4 Others

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