Court No. - 5 Case :- APPLICATION U/S 482 No. - 21124 of 2010 Petitioner :- Muneeb And Others Respondent :- State Of U.P. And Another Petitioner Counsel :- Pradeep Kumar Vi Respondent Counsel :- Govt Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicants and learned A.G.A.
This application has been filed against the order dated 17.5.2010 passed by
the C.J.M. Maharajganj in misc. application No. 01 of 2010, whereby the
application under section 156(3) Cr.P.C. has been allowed and the officer-in-
charge of the Police Station concerned has been directed to register a case and
investigate the same.
It is contended by the learned counsel for the applicants that the impugned
order is illegal, it has not been passed in accordance with the provisions of
law.
It has been rebutted by the learned A.G.A.by submitting that there is no
illegality in the impugned order because on the basis of the allegations made
in the application under section 156(3) Cr.P.C. a prima facie cognizable
offence is made out and the allegations are of such nature which requires
investigation. There is no illegality in the impugned order.
Considering the submissions made by the learned counsel for the applicants
and the learned A.G.A. and from the perusal of the application under section
156(3) Cr.P.C., it appears that on the basis of the allegation made therein a
prima facie cognizable offence is made out and the allegations are of such a
nature which requires investigation, the impugned order is not suffering from
any illegality or irregularity, therefore, the prayer for quashing the impugned
order is refused.
It is further contended that the applicants are a man of peace loving. They
shall cooperate with the investigation. In case, the applicants are arrested and
sent to jail during investigation, the applicants shall suffer irreparable loss.
Therefore, they may not be arrested during investigation.
Considering the facts, circumstances of the case and the submissions made by
the learned counsel for the applicants and the learned A.G.A, it is directed that
in case the F.I.R. has not been registered till today in pursuance to the
impugned order, the applicants shall not be arrested during investigation of
that case, but the applicants shall cooperate with the investigation, however, it
is made clear that above mentioned direction shall not be effective if the FIR
in pursuance of the impugned order is lodged till today.
With the above direction, this application is finally disposed of.
Order Date :- 18.6.2010
R.C.