NIKHIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard, matter is taken up for finality on merit with the consent of both sides.

(2.) The applicant, taking recourse of remedy under Section 482 of Code of Criminal Procedure (hereinafter referred to as "the Code" for brevity)., preferred the present application to agitate the validity and propriety of the impugned order dated 14.8.2018 passed in Misc. Cri. Application No. 356 of 2018 by the learned Magistrate at Parli-Vaijnath, Dist. Beed, thereby rebuffing the relief prayed to make over the investigation to the police under Section 156(3) of the Code; instead, the liberty was granted to the applicant to adopt the later course under Section 200 of the Code by treating the application filed by the applicant as complaint under Section 2(d) of the Code.

(3.) The applicant in the present matter is the victim of alleged malefactors on the part of respondent/accused. He put in question the scope of Section 156(3) of the Code and the process of the Magistrate thereunder. According to the applicant, the impugned order passed by the learned Magistrate, refusing to order for registration of FIR under Section 156(3) of the Code is erroneous, illegal and not as per law, and liable to be set aside and quashed. The learned Magistrate was duty bound to refer the matter to police for investigation and therefore, the concerned Magistrate be directed to reconsider the said application afresh and pass order in accordance with law.