Court No. - 80

Case :- APPLICATION U/S 482 No. - 9470 of 2022

Applicant :- Shailendra Pratap Singh

Opposite Party :- State Of U.P And 2 Others

Counsel for Applicant :- Ramesh Chandra Mishra

Counsel for Opposite Party :- G.A.

Hon'ble Rajeev Misra,J.

Heard Mr. Ramesh Chandra Mishra, the learned counsel for

applicant and the learned A.G.A. for State.

Perused the record.

This application under Section 482 Cr. P. C. has been filed

challenging the order dated 08.12.2021 passed by Civil Judge

(J.D.) F.T.C. First/Judicial Magistrate, Sant Kabir Nagar in

Criminal Case No. 1740 of 2020 (Shailendra Pratap Singh Vs.

Vijendra Pratap Singh), under Section 156 (3) Cr. P. C., P.S.

Dhanghata, District Sant Kabir Nagar, whereby application

dated 17.12.2020 filed by applicant under Section 156 (3) Cr.

P., C. has been directed to be treated as a complaint case.

Learned counsel for applicant contends that Court below has

treated the application filed by applicant under Section 156 (3)

Cr. P. C. as a complaint by placing reliance upon the jdugement

of this Court in Sukhwasi and others Vs. State of U.P. and

others, 2007 (59) ACC 730. According to learned counsel for

applicant, the aforesaid judgement is no longer a good law in

view of the Constitution Bench judgement of Apex Court in

Lalita Kumari Vs. State of U.P., 2014 (2) SCC 1. He further

submits that Court below has not recorded a finding as to

whether application under Section 156 (3) Cr. P. C. discloses

commission of cognizable offence or not. As such, Court below

has failed to exercise the jurisdiction vested in it with due

deligence. He, therefore, submits that order impugned is

patently illegal and therefore liable to be quashed by this Court.

Per contra, the learned A.G.A. has opposed this application.

However, he could not dispute the legal submissions urged by

learned counsel for applicant.

Having heard learned counsel for applicant, learned A.G.A. for

State, this Court finds that the submissions urged by learned

counsel for applicant have merit.

The opposite party 3 is a prospective accused and therefore, he

is not required to be heard at this stage.

Having heard learned counsel for applicant, learned A.G.A. for

State and upon perusal of material brought on record, present

application succeeds and is liable to be allowed.

Impugned order dated 8.12.2021 passed by Civil Judge (J.D.)

F.T.C. First/Judicial Magistrate, Sant Kabir Nagar in Criminal

Case No. 1740 of 2020 (Shailendra Pratap Singh Vs. Vijendra

Pratap Singh), under Section 156 (3) Cr. P. C., P.S. Dhanghata,

District Sant Kabir Nagar, is, hereby quashed.

Present application is allowed.

Concerned Magistrate shall pass a fresh order on the application

under Section 156 (3) Cr. P. C. filed by applicant within a

period of two months from the date of production of a certified

copy of this order before him.

Order Date :- 12.7.2022

HSM

Digitally signed by HARI SHANKER

MISHRA

Date: 2022.07.12 18:21:00 IST

Reason:

Location: High Court of Judicature at

Allahabad