Naresh Kumar Sanghi, J. - (1.) RADHEY Shyam son of Amar Singh, resident of Village Matak Majri, Tehsil Indri, District Karnal, has invoked the inherent jurisdiction of this Court under Section 482, Cr.P.C., with the prayer that impugned order dated 13.12.2012, Annexure P10, passed by the learned Judicial Magistrate Ist Class, Karnal, whereby the prayer of the petitioner to direct the police for registration of a case, as per the mandate of Section 156(3), Cr.P.C., was declined, be set aside.
(2.) LEARNED counsel for the petitioner submits that the petitioner Radhey Shyam was falsely implicated in a case arising out of FIR No. 278, dated 28.7.2012, for the offences punishable under Sections 148, 307, 323, 324 read with Section 149, IPC, registered at Police Station, Indri, District Karnal. The petitioner was arrested by the police and taken to CIA Staff (I), Karnal. He was treated with 3rd degree treatment and, as such, he received multiple injuries on his person. The petitioner filed a complaint before the learned Area Judicial Magistrate against the respondents for the offences punishable under Sections 218, 307, 327, 331, 506, 511 and 34, IPC, with a prayer to direct the Station House Officer, Police Station, Indri, to register an FIR and investigate the same.
(3.) THE learned Area Judicial Magistrate while declining the prayer for issuance of direction to the police to register a case passed the following order: - Heard on the point of 156(3) of Cr.P.C. After going through the contents of the complaint, this Court is of the view that the present complaint has been filed by the complainant u/s. 218, 307, 323, 331, 506, 511, 34 of IPC against the accused. However, at this stage, this Court does not deem it fit to register a case against the accused as administration of justice cannot be used to harass a person merely on the allegations unless supported by evidence. Moreover, no prejudice is likely to be caused to applicant if the case is not registered as if he subsequently succeeds in proving his case by convincing piece of evidence, the accused can always be summoned. Thus, the prayer under Section 156(3) Cr.P.C., is hereby declined. Complaint be checked and registered. Come up on 23.02.2013 for preliminary evidence of complainant.;