Court No. - 50 Case :- CRIMINAL MISC. WRIT PETITION No. - 7222 of 2010 Petitioner :- Ashok Kumar Singh Kushwaha Respondent :- State Of U.P. & Others Petitioner Counsel :- Praveen Kumar Singh Respondent Counsel :- Govt. Advocate Hon'ble Ashok Kumar Roopanwal,J.
This writ petition has been filed against the orders dated 1.7.09 passed by
the Chief Judicial Magistrate, Ghazipur and 2.4.10 passed by the revisional
court in criminal revision no.106/09. Vide order dated 1.7.09 an application
under Section 156(3), Cr.P.C. moved by the petitioner was ordered to run as a
complaint case. When revision was filed against that order, the revision was
dismissed.
Heard Mr. P.K. Singh, learned counsel for the petitioner, learned AGA and
perused the record.
Mr. Singh argued that a cognizable offence was disclosed from the contents
of the application under Section 156(3), Cr.P.C. and therefore, it was
incumbent upon the court concerned to have passed the order for the
registration and investigation of the case.
The above argument is not fortified by law on the subject. It is well within
the competence of the Magistrate to treat an application under Section 156(3),
Cr.P.C. as a complaint. Therefore, if the application was treated to be a
complaint, no interference in writ jurisdiction is warranted. On account of this
the petition is liable to be dismissed. Petition is also liable to be dismissed on
one other count. There is a provision under Section 202, Cr.P.C. in which the
Magistrate has ample power to send the case for investigation if it is found
proper at the stage of recording the statements of the witnesses under Section
202, Cr.P.C. and that stage being available there is no propriety at all to give
indulgence in writ jurisdiction of the High Court.
In view of the above, petition is dismissed. However, it is directed that the
trial court shall consider the propriety of sending the matter for investigation
under Section 202, Cr.P.C.
Order Date :- 20.7.2010
T. Sinha