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Allahabad High Court · body

2015 DIGILAW 2619 (ALL)

Rajendra Kumar v. State of U. P.

2015-08-26

MANOJ KUMAR GUPTA

body2015
JUDGMENT Manoj Kumar Gupta, J. By means of this petition, the petitioner has challenged the order dated 3.3.2015 passed by Chief Judicial Magistrate, Saharanpur, whereby the application filed by the petitioner under Section 156 (3) Cr.P.C. has been registered as a complaint case and the petitioner has been directed to examine himself under Section 200 Cr.P.C. He has also challenged the order the order of the revisional court dated 21.5.2015 dismissing the revision and upholding the order dated 3.3.2015 passed by the learned Magistrate. 2. The only submission made by learned counsel for the petitioner is that the application filed by him should have been directed to be registered as a first information report and the police should have been directed to investigate the matter. It is urged that in a complaint case, there would be no occasion for the police to investigate the matter and thus, a serious prejudice has been caused to the petitioner. 3. The submission is devoid of merits. The allegation in the application filed by the petitioner under Section 156 (3) Cr.P.C. was that the suspected persons, against whom allegations were made, have forged an agreement for sale dated 18.2.1998 with regard to a property, which was sold to the petitioner on 15.2.2014 on the basis of an earlier registered agreement for sale dated 13.11.2013. Thus, all the allegations made in the application are in the personal knowledge of the petitioner and he can very well prove the factum of the alleged agreement being a forged document by examining the witnesses during the course of the proceedings in the complaint case. 4. Further, under Section 202 Cr.P.C., the Magistrate is competent to either enquire into the case himself or direct an investigation to be made by a police officer or such other officer as he thinks fit. 5. In the opinion of the Court, in case any inquiry is deemed necessary, it shall be open to the learned Magistrate to hold such an enquiry himself or by the police. In such view of the matter, no prejudice has been cased to the petitioner by registering the application under Section 156 (3) Cr.P.C. as a complaint case. The petition lacks merit and is dismissed.