Court No. - 54 Case :- APPLICATION U/S 482 No. - 2386 of 2010 Petitioner :- Thamman Singh Respondent :- State Of U.P. And Others Petitioner Counsel :- Mohd. Afzal Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicant and learned A.G.A.
This application has been filed with a prayer to quash the order dated
5.12.2009 passed by additional Civil Judge ( Jr. Division)/Judicial
Magistrate Court No. 3, District Bijnor in case no. 88 of 2009 whereby
the application under section 156(3) Cr.P.C. has been treated as a
complaint.
From the perusal of the record including the application under section
156(3) Cr.P.C. and the impugned order it appears that the allegations
made in application under section 156(3) Cr.P.C. are disclosing the
cognizable offence which requires investigation also, in such
circumstances the impugned order passed by the learned Magistrate
concerned treating the application under section 156(3) Cr.P.C. as a
complaint is illegal and is hereby set aside.
However, it is directed that the learned Magistrate concerned shall pass
a fresh order on the application filed by the applicant under section
156(3) Cr.P.C. in accordance with provisions of law.
With the above direction, this application is finally disposed of.
Order Date :- 28.1.2010
Su