Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7738 of 2019 Court No. - 29 HON'BLE MANOJ BAJAJ, J. Applicant-complainant has approached this Court through this application under Section 482 Code of Criminal Procedure, against the order dated 17.07.2019 passed by revisional court, whereby the order dated 03.06.2019 treating his application under Section 156 (3) Cr.P.C. as a complaint case passed by Chief Judicial Magistrate, Faizabad has been upheld. No one has appeared when the case is called to represent the applicant/complainant. Merely, because the complaint under Section 156 (3) Cr.P.C. is filed by the complainant it would mean that the Magistrate has to direct registration of F.I.R. and investigation as ordinarily this jurisdiction is exercised to remind the police about its duty to register the case, if, the allegations in the complaint prima facie make out commission of a cognizable offence. But where the allegations in the complaint fall short of making out prima-facie case of commission of cognizable offence, the Magistrate is well within its jurisdiction to treat the complaint under Section 156(3) Cr.P.C. as a private complaint case. The order dated 03.06.2019 passed by Chief Judicial Magistrate, therefore, in the facts and circumstances of the case, can not be said to be bad in law. Further, a perusal of the revisional order dated 17.07.2019 would show Versus Counsel for Applicant(s) : Sajjad Husain, Dinesh Chandra Chhokra Counsel for Opposite Party(s) : G.A., Anuj Pandey Smt. Prinka Tripathi .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
that the issues and grounds raised by the applicant/complainant have been carefully examined while dismissing the revision. Thus, considering the above background, this Court does not find it to be a fit case for exercise of inherent powers under Section 482 Cr.P.C. The petition is dismissed.
December 1, 2025 R./ A482 No. 7738 of 2019 2
(Manoj Bajaj,J.) Digitally signed by :- RAJEEV KUMAR SACHDEVA High Court of Judicature at Allahabad, Lucknow Bench