MAITHALI SHARAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THIS petition has been filed under Section 482 of Code of Criminal Procedure challenging the order dated 22.06.2011 passed by the Chief Judicial Magistrate, Gonda. Further prayer made in this petition is to issue direction to respondent no.2 to lodge an FIR against respondent no.3 on the basis of application made by the petitioner to Superintendent of Police, Gonda on 20.04.2011. It is alleged that cognizable offence was committed wherefor an application was made to the police. FIR, however was not lodged. The petitioner filed a complaint along with an application under sub section 3 of Section 156 of Code of Criminal Procedure which has been dismissed vide order dated 22.06.2011 and application has been treated as a complaint case. Learned counsel contends that considering the facts and circumstances of the case, the Magistrate ought to have referred the matter to the police for lodging of FIR and investigation.

(2.) LEARNED Government Counsel Sri R.K.Dwivedi contends that it is discretionary power of the Magistrate either to treat the application as complaint case or to refer the matter to police.

(3.) THE petitioner having filed the compliant, the same is being entertained and the complainant asked to bring his evidence under Section 200 of Code of Criminal Procedure. In case, the petitioner feels the necessity of getting enquiry conducted by police, the petitioner/complainant would be at liberty to file an application before the court concerned for inquiry.