CHHOTE LAL YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) The applicant Chhote Lal Yadav, by means of this application under Section 482 Cr. P. C. , has invoked the inherent jurisdiction of the Court with prayer to quash the order dated 23. 10. 2019, passed by Chief Judicial Magistrate Sant Kabir Nagar, in Misc. Case No. 1150 of 2019, Chhote Lal Yadav Vs. Arun Sharan Pandey, P. S. Mahuli, District Sant Kabir Nagar, on the application under Section 156(3) of Cr. P. C. and further pleased to direct the chief Judicial Magistrate Sant Kabir Nagar to consider afresh above application and direct the Station Officer, P. S. Mahuli to register FIR and to investigate the matter.

(2.) Heard learned counsel for the applicant and learned A. G. A. for the State.

(3.) Learned counsel for the applicant argued that from the very perusal of application moved under Section 156(3) of Cr. P. C. , a commission of cognizable offence was made out and as per mandate of constitutional Bench in Lalita Kumar Vs. Government of U. P. and others, 2013 LawSuit (SC) 1030, Magistrate was bound to make direction for registration and investigation of above case but Magistrate has directed for proceeding as a complaint case and had taken cognizance by itself whereas, fact involved therein, was of forgery, wherein forged documents were got prepared and under fraud, the society was got registered in the office of Registrar Chit Funds, Cooperative Societies and Firms. The amount was received from various schemes and it was embezzled. Hence, for this complainant may not get evidence for proving the case, under this complaint proceeding. Accordingly, Magistrate was to pass the order, which was his jurisdiction, as per law laid down by Apex Court in Sakiri Vasu vs. State of U. P. and others , (2008) 2 SCC 409.