Nazim Khan vs The State of Madhya Pradesh

N.K. Gupta, J.—Heard the learned counsel for the parties finally. The applicant has moved the present petition u/s 482 of Cr.P.C. against the order dated 12.4.2013 passed by the learned J.M.F.C. Katni, whereby the application u/s 156(3) of Cr.P.C. was dismissed.

The facts of the case, in short are that, the applicant has moved a criminal complaint against the respondent Nos. 4 & 5 for the offences punishable under Sections 420, 467, 468, 471, 477 and 120-B of IPC. The trial Court after considering the documents produced by the applicant dismissed the application u/s 156(3) of Cr.P.C.

After considering the submissions made by the learned counsel for the parties and looking to the facts and circumstances of the case, it appears that the applicant never visited to the Police Station, Katni to lodge an FIR, whereas a complaint Annexure-A/5 is sent in writing to the S.P. Katni. It is nowhere mentioned in the Annexure-A/5 that report was lodged to the S.P. concerned because the S.H.O. Katni did not write the FIR. On the contrary, the FIR was directly sent to the S.P. Katni and simultaneously to S.H.O. Katni. Thereafter, the applicant lodged a criminal complaint to prosecute the matter.

Though, the offences alleged against the respondent Nos. 4 and 5 appear to be cognizable, however for issuance of order on the application u/s 156(3) of Cr.P.C., it was the duty of the applicant to convince the J.M.F.C. concerned that prima facie, there is a case in favour of the applicant and some offences have been committed by the respondent Nos. 4 & 5. There is no exclusively right given to the applicant by which the application u/s 156(3) of Cr.P.C. shall be accepted. Under such circumstances, if the Magisterial Court found that the complainant is required to produce the evidence under Sections 200 and 202 of Cr.P.C., the procedure adopted by the Magisterial Court cannot be said to be erroneous. Hence, no illegality or perversity is visible in the order passed by the learned J.M.F.C. Katni. There is no reason by which any interference can be done in the impugned order.

Consequently, the petition u/s 482 of Cr.P.C. filed by the applicant Nazim Khan is hereby dismissed. Copy of the order be sent to the trial Court for information and to proceed with the trial.