PANKAJ JAIN
Jaswinder Singh – Appellant
Versus
Sukhwinder Singh Bhatia – 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
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.