VIKRAM SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Ankit Singh, learned counsel for the applicant and Sri P.K. Shahi, learned A.G.A. for the State.

(2.) The present application has been filed to quash the order dated 09.05.2019 passed by Special Judge (D.A.A.), Kanpur Dehat, S.S.T. No.78/19 in Misc. Case No.52/12/2019 (Vikram Singh Vs. Shivam @ Gunda and others), by which the learned Special Judge (D.A.A.), Kanpur Dehat rejected the application of applicant under Section 156(3) Cr.P.C. dated 28.01.2019 and further to issue direction to the Station House Officer to register a case and investigate the matter.

(3.) It has been contended by learned counsel for the applicant that on 09.01.2019 the opposite party nos.2 to 9 reached in the house of applicant at about 3.00 p.m. and beaten the applicant and looted Rs.5,600/- cash and other articles related to construction. The applicant tried to lodge the FIR but the Station House Officer did not lodge the FIR. Thereafter the applicant moved an application to Superintendent of Police, Kanpur Dehat on 14.01.2019, but no action has been taken on the aforesaid application. When the police did not take any action upon the application of the applicant then applicant moved an online application as well as application in person to District Magistrate, Kanpur Dehat in which enquiry was transferred to S.D.M., but no action has been taken thereon. Thereafter the applicant moved an application under Section 156(3) Cr.P.C. before the court of Special Judge (D.A.A.), Kanpur Dehat. Special Judge recorded the statement of the applicant under Section 200 Cr.P.C. and also recorded the statement of three witnesses under Section 202 Cr.P.C. The Special Judge (D.A.A.), Kanpur Dehat without considering the contents of the application and statements of the witnesses, has illegally rejected the application of the applicant under Section 156 (3) Cr.PC . It is vehemently contended by the learned counsel for the applicant that a Magistrate, was bound to pass an order for registration of the FIR and its investigation by the police on the application under Section 156(3) Cr.P.C. as a cognizable offence of serious nature requiring investigation is made out on the basis of averments made in that application.