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Vinay Kumar Saxena v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 4027 of 2006 [2006] RD-AH 7173 (3 April 2006)


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Court No. 43

Criminal Misc. Writ Petition No. 4027 of 2006

Vinay Kumar Saxena Vs. State of U.P. and others

Hon'ble Mukteshwar Prasad, J.

Heard learned counsel for the petitioner, learned A.G.A. and perused the application under Section 156 (3) Cr.P.C. moved by the petitioner in the court of C.J.M., Moradabad, order dated 3.9.05 passed by learned C.J.M. registering the application as a complaint and the order of revisional court dated 28.1.2006 whereby revision was dismissed and the order passed by learned C.J.M. was affirmed.

It is urged on behalf of the petitioner that respondents no. 2 and 3 were given Car in question on their request and thereafter they did not return the vehicle to the petitioner despite repeated requests. Admittedly, the petitioner and respondents no. 2 and 3 were having business relationship and a sum of rupees about 1.5 lacs was due to the petitioner from respondents which they failed to return. It is contended that in case F.I.R. was lodged against respondents no. 2 and 3, the police could recover the vehicle in question from their possession and as such, the learned Magistrate erred in registering the application as a complaint.

I have considered the contentions of learned counsel for the petitioner. There is a Full Bench decision of this Court in Ram Babu Gupta Vs. State of U.P. U.P. Criminal Rulings, 2001 (21) 600. It was clearly held by the Full Bench that an application under Section 156 (3) Cr.P.C. may be registered as a complaint and the learned Magistrate has been conferred a discretion in this regard. The Apex Court has also held that learned Magistrate commits no illegality in treating the application under Section 156 (3) Cr.P.C. as a complaint.

In view of the aforesaid decisions of this Court as well as Supreme Court of India, I find no illegality in the impugned orders passed by learned C.J.M., Moradabad  as well as revisional court. In my considered opinion, this petition lacks merit and is liable to be dismissed.

The petition is hereby dismissed.




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