Amit Nehra Vs. S Singh and ors - Court Judgment

Excerpt:

[a.n. venugopala gowda j.] this writ petition is tiled under article 227 of the constitution of lidia praying to set aside the order of the learned city civil judge, bangalore city, sitting in court. hall no.8 in aacexure-e order dated 2.11.2010 in o.s.no.8185/2003 rejecting the prayer of the petitioner for issue cf notice to the proposed defendants.this petition under section 482 cr.p.c. has been filed against the order dated 13th october, 2010 of mm dismissing the application of the petitioner filed under section 156(3) cr.p.c. for registration of fir and order dated 12th november, 2010 passed by the asj dismissing the revision filed against the order of mm. this court had an occasion to deal with a case with similar type of prayer in crl.m.c.no. 842/2010 kishan pal v. dushyant kumar sharma & ors. on 29th november, 2010 wherein it was observed as under:"the powers under section 156(3) cr.p.c. with the learned mm are discretionary in nature. it is for the mm to decide whether the case should be sent to police for registration of fir and investigation or the complaint should be treated as a complaint under section 200 cr.p.c. before the court and pre-summoning evidence should be recorded and thereafter summons should be sent to the accused, if a case if made out against the accused. it is not obligatory upon the learned mm to order registration of fir every complaint made to it."in view of above, this petition is not maintainable and is hereby dismissed.

Judgment:

This petition under Section 482 Cr.P.C. has been filed against the order dated 13th October, 2010 of MM dismissing the application of the petitioner filed under Section 156(3) Cr.P.C. for registration of FIR and order dated 12th November, 2010 passed by the ASJ dismissing the revision filed against the order of MM. This Court had an occasion to deal with a case with similar type of prayer in Crl.M.C.No. 842/2010 Kishan Pal v. Dushyant Kumar Sharma & Ors. on 29th November, 2010 wherein it was observed as under:

"The powers under Section 156(3) Cr.P.C. with the learned MM are discretionary in nature. It is for the MM to decide whether the case should be sent to police for registration of FIR and investigation or the complaint should be treated as a complaint under Section 200 Cr.P.C. before the Court and pre-summoning evidence should be recorded and thereafter summons should be sent to the accused, if a case if made out against the accused. It is not obligatory upon the learned MM to order registration of FIR every complaint made to it."

In view of above, this petition is not maintainable and is hereby dismissed.