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2015 DIGILAW 2793 (ALL)

Raj Kumari Devi v. State of U. P.

2015-09-07

RAMESH SINHA

body2015
JUDGMENT Ramesh Sinha, J. Heard Sri G.P. Singh holding brief of Sri Sanjay Mani Tripathi, learned counsel for the applicant and Sri A.K. Yadav, learned A.G.A. for the State and perused the record. 2. By means of the present application under Section 482 Cr.P.C., the applicant has challenged the impugned order dated 30.6.2015 passed by Addl. District and Sessions Judge, Court No.6, Gorakhpur in Criminal Revision No.401 of 2014 (Raj Kumar Devi Vs. State of U.P. and others) u/s 156(3) Cr.P.C. P.S. Shahpur, district Gorakhpur. 3. It has been submitted by learned counsel for the applicant that the learned Magistrate has misused his powers under Section 156(3) Cr.P.C and has refused to direct the registration of the FIR against the accused persons and treated the present application to be a complaint, though a cognizable offence was disclosed against the applicant which requires the police investigation. 4. Learned AGA on the other hand has submitted that the order passed by the learned Magistrate is inconsonance with the law laid down by the Division Bench of this Court in the case of Sukhwasi vs. State of Uttar Pradesh reported in 2007 (59) SSC 739. Hence there is no illegality in the said order. 5. Considering the submissions of learned counsel for the parties, I am of the opinion that the impugned order does not suffer from any illegality or infirmity nor it can be said to be an abuse of the process of court. Hence no interference is called for in this application moved under Section 482 Cr.P.C. 6. This present 482 Cr.P.C. application lacks merit and is accordingly dismissed.