VIJANDRA KUMAR SINGH v. State of U.P. AND 5 OTHERS
A482/29001/2024 · 2025-09-11
Nand Prabha Shukla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 90132 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 90132 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 29001 of 2024 Court No. - 78 HON'BLE NAND PRABHA SHUKLA, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. The present application under Section 482 Cr.P.C. has been filed with a prayer to allow this application and to quash the impugned order dated 04.06.2024 passed by Judicial Magistrate, Court No. 19, Azamgarh in Application No. Nil of 2024 (Vijandra Kumar Singh Vs. Surendra Singh and others) under Section 156(3) Cr.P.C., Police Station Bardah, District Azamgarh, pending in the Court of Judicial Magistrate, Court No. 19, Azamgarh. It has been submitted by learned counsel for the applicant that an application under Section 156(3) Cr.P.C. was moved by the applicant before Additional Judicial Magistrate, Azamgarh to lodge an FIR against the respondent nos. 2 to 5 but vide order dated 04.06.2024 the same has been registered as a complaint case. It has been submitted that the matter needs to be investigated. Per contra, learned AGA for the State has submitted that section 202(1) Cr.P.C. empowers the Magistrate to make an enquiry or direct an investigation to be made by a police officer. Accordingly, it is hereby directed to the court concerned that in case the matter proceeds as a complaint case, the court shall decide the matter in accordance with the procedure provided under Section 202(1) Cr.P.C. Versus Counsel for Applicant(s) : Satya Prakash Singh, Seema Singh Counsel for Opposite Party(s) : G.A. Vijandra Kumar Singh .....Applicant(s) State Of U.P. And 5 Others .....Opposite Party(s)
With the aforesaid directions, the application u/s 482 Cr.P.C. is disposed of. September 12, 2025 Puspendra A482 No. 29001 of 2024 2 (Nand Prabha Shukla,J.) Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad