GOVIND SINGH Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) The petitioner is aggrieved of and has challenged order dtd. 9/8/2021 passed by the Judicial Magistrate 1st Class (Munsiff), Akhoor, whereby complaint filed by the petitioner under Sec. 156(3) of the Code of Criminal Procedure for registration of case against accused persons has been dismissed.

(2.) The impugned order has been assailed by the petitioner on the ground that the learned Magistrate has failed to appreciate the position of law, as was enunciated by a three-Judge Bench of the Supreme Court in Upkar Singh v. Ved Prakash, (2004) 13 SCC 292 wherein it was held that an accused is entitled to lodge counter complaint, if he has a different version of the same incident and in case of refusal by the police to register such counter FIR, accused can seek direction from the concerned Judicial Magistrate under Sec. 156(3) Cr.P.C. The impugned order is also assailed on the ground that the learned Magistrate has exceeded its jurisdiction as it entered into a roving enquiry to find out the plausibility of the allegations.

(3.) Having heard learned counsel for the parties and perused the record, I am of the view that the submissions made by learned counsel for the petitioner are well merited.