VIVEK KUMAR BIRLA,J. - (1.) Heard learned counsel for the applicant and learned A.G.A. for the State.
(2.) The present application has been filed for setting aside the order dated 13.2.2020 passed in Criminal Misc Case No. 770 of 2019 (Vijay Singh Chauhan vs. Karunanidhi Pandey and others) passed by A.C.J.M., Court no. 1, District- Kanpur Dehat under Section 156 (3) Cr.P.C. by way of treating the application of applicant as complaint case. It is further prayed that this Hon'ble Court may pleased to direct the court below to direct the police authority to lodge first information report against the accused person and investigate the matter.
(3.) Learned counsel for the applicant submits that a bare glance over the application clearly discloses commission of a cognizable offence. He has drawn attention of this Court to paragraphs 2, 3 and 4 of the application and submits that he had disclosed his presence on the spot and the reason behind his presence on the spot is that he was going to attend a case. He further submits that he had made allegation against the opposite parties no. 1 and 2, however, he had also clearly disclosed that they were accompanying 6-7 unidentified persons and he was fired upon. Submission therefore is that commission of a cognizable offence is clearly made out in the application. Placing reliance on the judgment of Hon'ble Apex Court in the case of Lalita Kumari vs. Government of U.P. and others reported in 2014 (2) SCC 1, he submits that registration of first information report is mandatory under Section 154 of Cr.P.C. as in the present case information clearly discloses commission of a cognizable offence. He has further placed reliance on the judgment of this Court dated 4.9.2018 passed in Application U/S 482 No. 28401 of 2018 (Heera Lal vs. State of U.P. and 3 Others) and submits that at this stage prospective accused has no right to be heard. ;