Court No. - 50 Case :- CRIMINAL MISC. WRIT PETITION No. - 12477 of 2010 Petitioner :- Mahaveer Singh Respondent :- State Of U.P. & Others Petitioner Counsel :- Santosh Kumar Singh Respondent Counsel :- Govt. Advocate Hon'ble Ashok Kumar Roopanwal,J.
This writ petition has been filed against the orders dated 17.6.10 and
30.6.10 passed by the courts below. Vide order dated 17.6.10 an application
under Section 156(3), Cr.P.C. moved by O.P. No.3 against the petitioner and
others was allowed and the police was directed to register and investigate the
case. When that order was challenged in revision, the revision was dismissed
by the concerned Sessions Judge vide order dated 30.6.10.
Heard Mr. Santosh Kumar Singh, learned counsel for the petitioner, learned
AGA and perused the record.
It has been contended by Mr. Singh that the contents of the application
under Section 156(3), Cr.P.C. were completely false and therefore, there was
no occasion at all to order for the registration and investigation of the case.
I feel that the argument of Mr. Singh is not liable to be accepted. It is
because of the fact that the FIR has not yet been lodged in pursuance of the
order passed under Section 156(3), Cr.P.C. and the petitioner has no locus
standi to come to this Court as held in a Division Bench Case of this court
reported in 2007(1) U.P.Cr.R. 346, Mathura Prasad and others Vs. State
of U.P. and another.
In view of the above, this petition has no merits. It is dismissed.
However, liberty is given to the court below to decide the bail application
of the petitioner, if moved, within a period of 30 days from today
expeditiously and if there is no impediment to decide it on the same day, the
same day.
Order Date :- 14.7.2010
T. Sinha