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
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