Hon'ble Ravindra Singh, J.
This is the correction application no. 93910 of 2010
after perusing the record it appears that the order dated
23.3.2010 has been wrongly prescribed due to
inadvertent mistake of P.A., therefore, the order dated
23.3.2010 is hereby recalled. The following order was
passed on 23.3.2010.
Order Date :- 2.4.2010 (F.H.)
Court No. – 54
Case :- APPLICATION U/S 482 No. – 8719 of 2010
Petitioner :- Nahar Singh And Others
Respondent :- State Of U.P.And Another
Petitioner Counsel :- Arun Kumar Tiwari
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 with a prayer to quash the order dated
22.2.2010 passed by learned C.J.M., Kanpur Dehat in Misc. application
no. 1266 of 2009, whereby application under Section 153 (3) Cr.P.C.
has been allowed.
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 AGA 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 AGA 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 investigation 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 is a man of peace living. He
shall cooperate with the investigating. In case, he is arrested and sent to
jail during investigation, he shall suffer irreparable loss. Therefore, he
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 AGA, it
is directed that in case the F.I.R. has not been registered till today, if it
is lodged subsequently, in pursuance to the impugned order, the
applicant shall not be arrested during investigation of the case, but the
applicant shall cooperate with the investigation.
With this direction, this application is finally disposed of.
Order Date :- 2.4.2010 (F.H.)