Mamta Gandhi Sabbarwal vs State Of Up And 12 Others

The present application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the order dated 4.7.2019 passed by Chief Judicial Magistrate, Ghaziabad in Misc. Case No.2792 of 2019 (Mamta Gandhi Sabbarwal Vs. Indrajeet Singh Arora and others) under Section 156 (3) Cr.P.C., Police Station Kavi Nagar, District Ghaziabad. Further prayer has been made to direct the concerned S.H.O. to register the case against the accused persons and to investigate the matter fairly.

Heard learned counsel for the applicant and the learned AGA appearing for the State.

It is submitted by the learned counsel for the applicant that application under Section 156 (3) Cr.P.C. was illegally and arbitrarily treated as complaint case. Cognizanable case is made out. There is need for investigation.

On the other hand, learned AGA has submitted that the impugned order does not suffer from any illegality or infirmity warranting interference of this Court.

Having regard to the facts and circumstances of the case, after perusing the entire record and having considered the submissions made by the learned counsel for the parties, I am of the view that no case is made out to interfere with the impugned order. The impugned order does not suffer from any infirmity or illegality. As per the settled legal position, the Court / Magistrate is not always bound to pass order for registering the case and investigation on the application under Section 156(3) Cr.P.C. disclosing a cognizable offence. It may exercise its discretion judiciously and if it is of the view that in the facts and circumstances of the case, it will be appropriate to treat the application as a complaint case then the Magistrate may proceed with according to the procedure provided under Chapter XV of Cr.P.C. It is also clarified that if report is necessary on any point, the learned Magistrate is competent enough to call for report from the police concerned on given points. Further, it is open to the applicant to raise the question before the court concerned at the appropriate stage. Hence, the prayer made in the present application is refused.

The application is dismissed.

Order Date :- 13.8.2019 ss