Anil Gupta vs State of U.P.

K.N. Sinha, J.—Heard learned Counsel for the petitioner, learned A.G.A. and perused the order passed by the Magistrate and also that of the revisional court.

The petitioner moved an application u/s 156(3) Cr.P.C. for registration of the case and investigation for robbery and other sections of the Indian Penal Code. The said application was rejected by the Magistrate holding that the facts are known to the petitioner, hence the order for registration of the case cannot be passed. The revisional court also dismissed the revision taking shelter of the pronouncement of this Court in Gulab Chandra Upadhvava v. State of U.P. 2002 (1) ACR 644.

The approach of the Magistrate and also that of the revisional court is highly illegal and unwarranted. In fact the court has misinterpreted the judgment of Gulab Chandra Upadhyaya''s case (supra). The application u/s 156(3) Cr.P.C. (Annexure No. 1) shows that two opposite parties were named and 6-7 persons were not named. The parentage and address of opposite parties Manish Agrawal and Manish Jakhodiya Alias Dabboo are also not known. Moreover, there was also a case of looting, which needs recovery. The courts below have probably failed to read the judgment in the case of Gulab Chandra Upadhyaya (Supra). It clearly lays down that where the true facts of the case are not known and recovery of property was required, the order for registration and investigation should be made. The citation of a judgment is not sufficient only by naming the parties and citation, it should analyze the law laid down and see whether it is applicable on facts of the present case or not.

Thus the writ petition is allowed. The order dated 8.9.2005 passed by the Chief Metropolitan Magistrate, Kanpur Nagar and order dated 12.1.2006 passed by the Incharge Session Judge, Kanpur Nagar are hereby quashed. The matter is remanded back to the Chief Metropolitan Magistrate, Kanpur Nagar to reconsider the matter and see that if allegations make out cognizable offence, the court must pass a proper order on the application u/s 156(3) Cr.P.C.