NATHOO LAL GANGWAR Vs. STATE OF U P

JUDGEMENT

(1.) THIS application has been filed under Section 482, Cr. P. C. for quashing the order dated 8. 12. 2006 passed by C. J. M. , Bareilly in Criminal Misc Case No. 609 of 2006, Nathoo Lai Gangwar v. Pramod under Section 156(3), Cr. P. C. , P. S. Sheesgarh, District Bareilly whereby learned Magistrate directed to register the application as a complaint case under Section 200, Cr. P. C.

(2.) HEARD Sri A. K. Sachan, learned counsel for the applicant, learned A. G. A. and perused the material on record.

(3.) LEARNED counsel for the applicant has contended that if application is filed under Section 156(3), Cr. PC. the Magistrate is bound to direct for registration of the case and in the instant matter Magistrate has erred in directing for registration of the case as complaint case. In support of his contention, learned counsel for the applicant has cited the cases of Lal Chandra Nishadv. State of U.P, 2007 (57) ACC 46; Om'Singh v. State of UP, 2007 (57) ACC 521 and Phool Singh State of UP. , 2007(59) ACC 26. In these cases, Hon'ble Vinod Prasad, J. of this Court has held that if an application under Section 156(3), Cr. P. C. is filed and cognizable offence is made out it is the legal duty of the Magistrate to direct for registration of the First Information Report.