MURARI LAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

(2.) The present application under Section 482 Cr.P.C. has been filed for quashing the order dated 15.07.2020 passed by learned Chief Judicial Magistrate, Etah in Misc. Case No. 495 of 2020, whereby application under Section 156 (3) Cr.P.C. filed by applicant for registration of F.I.R. and to investigate the matter against the opposite party nos. 2 to 20 has been treated as complaint case.

(3.) It has been submitted by learned counsel for the applicant that an application under Section 156 (3) Cr.P.C. filed by the applicant against opposite party nos. 2 to 20 before learned Chief Judicial Magistrate, Etah has been treated as complaint case in an arbitrary manner, inspite of the fact, that application under Section 156 (3) Cr.P.C. discloses commission of cognizable offence. It has been submitted that impugned order is against law and facts and that prima facie cognizable offence was made out against the applicants thus, the Court below must have passed an order for investigation by the police. In the alleged incident, opposite party nos. 2 to 20 have misbehaved with daughter of the applicant and have also abused and beaten her. In support of his submissions, learned counsel for the applicant has relied upon an order dated 13.12.2011 passed by this Court in the matter of Murari Lal Vs. State of U.P. and others passed in Application u/s No. 40579 of 2011. Learned counsel has next submitted that in view of above facts and circumstances, it was incumbent on the part of learned Court below to pass order for registration of F.I.R. and investigation by police but the same was not done, hence the impugned order suffers from material illegality and error of jurisdiction and therefore, the same is liable to be set aside by this Court.