M.K.MITTAL, J. - (1.) THIS application has been filed under Section 482, Cr. P. C. for quashing the order dated 8. 12. 2006 passed by C. J. M. , Bareilly in Criminal Misc Case No. 609 of 2006, Nathoo Lai Gangwar v. Pramod under Section 156(3), Cr. P. C. , P. S. Sheesgarh, District Bareilly whereby learned Magistrate directed to register the application as a complaint case under Section 200, Cr. P. C.
(2.) HEARD Sri A. K. Sachan, learned counsel for the applicant, learned A. G. A. and perused the material on record. Brief facts of the case are that applicant filed an application under Section 156(3), Cr. P. C. that Master Lalta Prasad son of Bhairav Prasad was murdered by his own son Pramod in the night of 21/22 -5 -2005 in village Valli within the limits of P. S. Sheeshgarh, District Bareilly, when he was sleeping in his house. According to applicant Pramod did this act in order to get the service in place of his father and also to get the gratuity and fund amount. Applicant also contended that at the time of alleged incident villagers had collected at the place of occurrence and they heard the deceased saying that his son had not done the good work and that he did not even want to see his face. Applicant also alleged that Pramod Kumar in collusion with others had filed the first information report against him and his brotber -in -law and in that matter case was registered at Crime No. 275 of 2005 under Sections 302,504, IPC. This application underSection 156(3), Cr. P. C. was filed on 20.11.2006 i. e. after more than one and half years of the alleged incident. Learned Magistrate after considering the application held that the applicant had exaggerated the facts and instead of directing for registration of the first information report directed that the case be registered as a complaint case. He also placed reliance on the Full Bench judgment of this Hon'ble Court in the case of Ram Babu Gupta v. State of UP, 2001(2) A. Cr. R. 1350. Feeling aggrieved this application has been filed.
(3.) LEARNED counsel for the applicant has contended that if application is filed under Section 156(3), Cr. PC. the Magistrate is bound to direct for registration of the case and in the instant matter Magistrate has erred in directing for registration of the case as complaint case. In support of his contention, learned counsel for the applicant has cited the cases of Lal Chandra Nishadv. State of U.P, 2007 (57) ACC 46; Om'Singh v. State of UP, 2007 (57) ACC 521 and Phool Singh State of UP. , 2007(59) ACC 26. In these cases, Hon'ble Vinod Prasad, J. of this Court has held that if an application under Section 156(3), Cr. P. C. is filed and cognizable offence is made out it is the legal duty of the Magistrate to direct for registration of the First Information Report.;