MANJU RANI CHAUHAN
Mukesh Kharwar – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Heard Mr. Manish Kumar Singh, Advocate holding brief of Mr. Kailash Pati Singh, learned counsel for the applicant as well as Mr. D.P. Singh, learned AGA for the State and perused the record.
2. This application under Section 482 Cr.P.C. has been filed to quash the impugned order dated 08.05.2024 passed by Special Judge SC/ST Act Chandauli in Criminal Misc. Case No.78 of 2024 (Mukesh Kharwar vs. Arun Kumar and Others), Police Station- Baluwa, District- Chandauli as well as stay the further proceedings of the aforesaid case, pending in the court of Special Judge SC/ST Act Chandauli.
3. Considering the nature of the order under challenge as well as order proposed to be passed, as purely equal question is involved, no fruitful purpose will be served in keeping this matter pending, therefore, the matter is being decided at this stage without calling for counter affidavit.
4. Brief facts of the case are that an application under Section 156(3) Cr.P.C. was moved by the applicant with the allegations that the applicant is an elected Member of Kshetra Panchayat, Kshetra Sankhya 83, Kshetra Papaura Vikas Khand Chahaniya, District- Chandauli. On 04.03.2024, the applicant along with 6
Anmol Singh vs. State of U.P. and Ors.
Direction for Police Investigation – Option to direct registration of case and its investigation by police should be exercised where some “investigation” is required, which is of a nature that is not....
The Magistrate must judiciously exercise discretion in registering FIRs under Section 156(3) Cr.P.C., ensuring that mechanical refusals are avoided when cognizable offences are disclosed.
The Magistrate has discretion under Section 156(3) of the CrPC to determine whether to direct an investigation, particularly in civil disputes masquerading as criminal matters.
The court ruled that a Magistrate must exercise careful judicial discretion when considering an application under Section 156(3), ensuring each complaint is evaluated adequately before deciding on FI....
distinction between the investigation by the police officer under Section 156(3) and under Section 202(1) Cr.P.C. is that the former is at the pre-cognizance stage and the latter is at post cognizanc....
The Magistrate has discretion under Section 175(3) of the BNSS to decide whether to register an FIR based on the application, assessing whether a cognizable offense is made out.
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