Allahabad High Court Judgement

Allahabad High Court Judgement

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JUDGEMENT HEADLINE : Cognizable Offence-recovery Also Invalid-Mag.'s Order Rejecting Application Set Aside.
JUDGEMENT TITLE : Prabhash Chatuvedi Vs. State Of U.P. On 22/01/2008 By Allahabad High Court
CORAM : Hon'ble Raghunath Kishore Rastogi,J.


Court No.32.

Criminal Misc. Application No. 774 Of 2008

Prabhash Chaturvedi . . . . . . . . . . . . .. . . . . . . . . . . . . .Applicant.
State Of U.P. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Opp. Party.

Hon'ble R.K. Rastogi,J.

This Is An Application Under Section 482 Cr.P.C. To Quash The Order Dated 5.11.2007 Passed By The Learned Judicial Magistrate, Court No.6, Mathura In Case No. 859/12/07, Prabhash Chaturvedi Vs. Laxmi Narain And Others, Police Station Vrindavan District Mathura.

I Have Heard Learned Counsel For The Applicant As Well As The Learned A.G.A. For The State At The Stage Of Admission And I Am Deciding It On Merits With The Consent Of The Learned Counsel For The Parties.

The Facts Relevant For Disposal Of This Application Are That The Applicant Had Filed An Application Under Section 156 (3) Cr.P.C. Against The Accused Laxmi Narain, Ras Bihari, Suresh Chand And Krishna Kumar Goel In Respect Of The Alleged Offences Punishable Under Sections 323, 384, 386, 452, 504 And 506, I.P.C. The Learned Magistrate After Hearing The Complainant-applicant Was Of The View That The Names Of The Accused Were Mentioned In The Application And No Recovery Was To Be Made By The Police In This Case And So There Was No Necessity To Pass Any Order Under Section 156(3) Cr.P.C. For Investigation By The Police. He, Therefore, Passed An Order For Registering It As Complaint. Aggrieved With That Order, The Complainant Filed This Application Under Section 482 Cr.P.C.

The Learned Counsel For The Applicant Submitted Before Me That It Was Specifically Mentioned In The Application Under Section156(3) Cr.P.C. That On 13.1.2007 At About 11A.M. The Accused Forcibly Entered His House And Abused Him And Slapped Him And Accused Laxami Narain Took Out A Revolver And Pointed It At His Temple And Suresh Chandra Took Out Some Typed And Some Blank Stamp Papers And Forced Him To Sign Those Papers And Threatened That Otherwise He Would Be Killed And So Under Fear Of This Threat He Signed Those Papers And Thereafter Accused Went Away Threatening Him.

The Learned Counsel For The Applicant Submitted That Aforesaid Typed And Blank Stamp Papers Bearing The Signatures Of The Applicant Are In Possession Of The Accused And Steps For Recovery Of Those Stamp Papers Can Be Taken By The Police During Investigation And The Order Passed By The Magistrate For Treating The Case As A Complaint Shall Not Serve The Purpose Of Recovery Of The Aforesaid Stamp Papers And As Such The Learned Magistrate Took Erroneous View By Holding That No Recovery Was To Be Done In This Case And So The Case Should Be Registered As A Complaint.There Is Sufficient Force In This Contention Of The Learned Counsel For The Applicant. Hence, The Application Under Section 482 Cr.P.C. Deserves To Be Allowed.

The Application Under Section 482 Cr.P.C. Is Allowed And The Order Dated 5.11.2007 Passed By The Learned Magistrate For Registration Of The Application As A Complaint Case Is Set Aside And The Matter Is Remanded Back To The Court Below For Passing Suitable Orders In The Matter After Hearing The Applicant In The Light Of The Observations Made Above In The Body Of The Judgment.

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