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2022 Supreme(P&H) 769

PANKAJ JAIN
Jaswinder Singh – Appellant
Versus
Sukhwinder Singh Bhatia – Respondent


Advocates:
Mr. R.S.Randhawa, Advocate Mr. Ayush Goyal, Advocate Mr. Karan Singla, Advocate for the petitioners., for the Appellant; Mr. Kuldeep Sood, Advocate for respondent No.1. Mr. Samina Dhir, Advocate for respondent No.3. Mr. Inderpal Singh Parmar, Advocate for respondent No.5 & 13. Mr. Ramninsh Puri, Advocate for respondent No.7. Mr. Aayush Gupta, Advocate for respondent No.12., for the Respondent

JUDGMENT

Pankaj Jain, J. - This is a petition filed under Section 482 Cr.P.C seeking quashing of the order dated 02.05.2022 passed by the revisional court whereby order passed by the learned Additional Chief Judicial Magistrate, Ludhiana under Section 156 (3) Cr.P.C.has been set aside.

2. The present lis was initiated by respondent No.1-complainant by filing a complaint against the petitioners with a prayer under Section 156(3) seeking directions to the police authorities to register FIR as per the dictum of law laid down by the Hon'ble Supreme Court in Lalita Kumar Vs. State of UP and others 2014 (2) SCC 1. The learned Magistrate dismissed the prayer made under Section 156 (3) Cr.P.C vide order dated 24.02.2022. The operative part thereof reads as under:-

    '7. It is a well settled law that whenever a Magistrate is called upon to pass order under Section 156 Cr.P.C., he should ensure that before coming to the court, the complaint did approach the police officer in charge of the Police Station having jurisdiction over the area for recording the information available with him/her disclosing the commission of cognizance offence by the persons arrayed as accused in the complainant. It is a

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