NEEB DEVI Vs. STATE OF UP

JUDGEMENT

(1.) This application under Section 482 Cr.PC. has been filed with a prayer that the order dated 26.11.2009 passed by the special Judge (dacoity affected area), Agra passed in criminal misc. case No. 96/2009 may be quashed. It has further been prayed, that a direction may be issued to the court concerned to pass a fresh order upon the application filed by the applicant under Section 156(3) Cr.PC.

(2.) In brief the facts of the case are that on 2.10.2009 the respondent Nos. 3 to 6 caused injuries to the applicant Smt. Neeb Devi. When an attempt was made to lodge the FIR, the same was not registered at the police station concerned. The applicant's husband then sent a registered letter to the S.S.P. Agra but no action was taken by him also. The applicant then filed an application before the Magistrate under Section 156(3) Cr.PC. with a prayer that the police station concerned may be directed to register the FIR. Along with that application the medical examination report of the applicant was also filed. The court however instead of sending the application for registering the FIR at the police station, treated the application as a complaint. The contention of the applicant is that the order of the Magistrate registering the application as a complaint case is against the law and the same is liable to be dismissed.

(3.) I have heard the learned Counsel for the applicant as well as the learned A.G.A. appearing for the State.