MAHANT TOOFAN GIRI vs STATE OF UTTARAKHAND AND OTHERS

This criminal miscellaneous application has been filed by the applicant to quash the order dated 09.12.2016 in Criminal Application No.114/2016,

“Mahant Toofan Giri vs. Mahant Narayan Giri & othersâ€, registered at P.S. Kotwali Haridwar, District Haridwar filed before the Court of

learned First Additional Civil Judge (J.D.)/Judicial Magistrate Haridwar, District Haridwar and the order dated 17.04.2018 passed by First Additional

Sessions Judge, Haridwar in Criminal Revision No.3/2017, “Mahant Toofan Giri vs. Stateâ€, and further to allow the application filed by the

applicant under Section 156 (3) of Cr.P.C., and to lodge FIR against the respondent no.2 to 5 under the concerned provisions of IPC.

The learned Magistrate, vide order dated 09.12.2016, dismissed the application of the applicant filed under Section 156 (3) of Cr.P.C. Against the

said order, applicant preferred a criminal revision before the learned First Additional Sessions Judge, Haridwar and the learned First Additional

Sessions Judge, Haridwar, vide order dated 17.4.2018, dismissed the revision and affirmed the order passed by the Magistrate.Â

It is the contention of learned counsel for the applicant that the learned Magistrate was not inclined to direct the concerned police station to lodge

the first information report on the allegation made by the applicant in the application, then it was incumbent upon the learned Magistrate to consider the

case of the applicant as a complainant.Â

The above submission of learned counsel for the applicant is correct. The order passed by the learned Magistrate is modify to the extent that the

application under Section 156 (3) of Cr.P.C, filed by the applicant be treated as a complaint under Section 200 of Cr.P.C., and the learned Magistrate

shall proceed further in accordance with law.

Present C482 petition thus stands disposed of.Â