Court No. - 54 Case :- APPLICATION U/S 482 No. - 3322 of 2010 Petitioner :- Kallu Halwai Respondent :- State Of U.P. And Another Petitioner Counsel :- S.K. Gupta,Lal Sahab Yadav 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 by the applicant Kallu Halwai against
the order dated 19.1.2010 passed by A.C.J.M.I, Jaunpur in case No.
679 of 2009 whereby the application filed under section 156(3)
Cr.P.C. has been allowed and the Officer Incharge of the police
station concerned has been directed to register the case and
investigate the same in exercise of powers conferred under section
156(3) Cr.P.C.
It is contended by the learned counsel for the applicant 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
applicant 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 applicant is man of peace loving. He
shall cooperate with the investigation. In case, the applicant is
arrested and sent to jail during investigation, the applicant shall suffer
irreparable loss. Therefore, the applicant may not be arrested during
investigation.
Considering the facts, circumstances of the case and the
submissions made by the learned counsel for the applicant and the
learned A.G.A, it is directed that in case the FIR 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 :- 3.2.2010
RPD