Court No. - 41
Case :- APPLICATION U/S 482 No. - 11498 of 2015
Applicant :- Pappu And 3 Others
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- R.N. Singh
Counsel for Opposite Party :- Govt. Advocate
Hon'ble Manoj Misra,J.
The instant application has been filed challenging an order dated
23.02.2015 passed by the Additional Chief Judicial Magistrate,
Court No.4, Mathura on an application under Section 155(2)
Cr.P.C. by which the learned Magistrate has permitted
investigation in reference to NCR No.74 of 2014 registered at P.S.
Jamunapar, District Mathura, under Section 498 IPC.
The submission of the learned counsel for the applicant is that the
learned Magistrate had no jurisdiction to permit investigation on
the aforesaid non cognizable report, inasmuch as, the offence
punishable under Section 498 IPC lies in Chapter XX of the Code
and for taking cognizance of such offences by virtue of Section
198 Cr.P.C., there has to be a complaint by the person aggrieved
by the offence. It has been submitted that under the circumstances,
direction to investigate under Section 155 (2) Cr.P.C. would not be
legally justified.
I have carefully perused the provisions of Section 155 Cr.P.C. as
also the Section 198 Cr.P.C.
Section 198 Cr.P.C. restricts a court from taking cognizance of an
offence punishable under Chapter XX IPC except upon a
complaint made by some person aggrieved by the offence. So far
as the Section 155 Cr.P.C. is concerned, the same provides the
manner in which report of a non cognizable offence will be entered
in the concerned book/register and it also provides for power to the
Magistrate having jurisdiction to try such case or commit the case
for trial to permit the police officer to investigate non cognizable
case.
As by order dated 23.02.2015, the learned Magistrate has not taken
cognizance of the offence but has only permitted investigation on a
non cognizable offence report which was lodged by the husband of
the lady who is alleged to have been enticed away by the accused,
I do not find any legal infirmity in the order passed by the learned
Magistrate. The application is dismissed.
Order Date :- 30.4.2015/AKShukla/-
Neutral Citation No. - 2015:AHC:60485