Court No. - 54 Case :- APPLICATION U/S 482 No. - 11597 of 2010 Petitioner :- Smt. Nanda @ Gyan Devi Respondent :- State Of U.P. And Others Petitioner Counsel :- Radhey Shyam 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 against the order dated passed learned
Additional Sessions Judge Court no. 1, Farrukhabad against the order dated
10.11.2009 passed by learned Judicial Magistrate Kaimganj in case crime no.
191/11 of 2009, whereby the application under section 156(3) Cr.P.C. has
been rejected and the order dated 1.2.2010 passed by learned Additional
Sessions Judge Court no. 2, Farrukhabad in Criminal revision no. 272 of
2009, whereby the revision filed by the applicant has been dismissed.
It is contented by the leaned counsel for the applicant that the impugned order
is illegal, it has not been passed in accordance with the provisions of law
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 even then the
learned magistrate concerned has rejected the application. The impugned
order is illegal, which is liable to be set aside.
In reply of the above contentions it is submitted by the learned A.G.A. that
there is no illegality in the impugned order because the learned magistrate
concerned has passed a perfect order, which requires no interference.
From the perusal of the allegations made therein, a prima facie cognizable
offence is made out and the allegations are such which requires investigation,
in such circumstances the learned magistrate was under obligation to direct
the officer in charge of the police station concerned to register a case and
investigate the same and by not passing such order the learned magistrate has
committed manifest error, therefore, the order impugned is hereby set aside
and the learned magistrate concerned is directed to pass a fresh order on the
application filed under sections 156(3) Cr.P.C. in accordance with the
provisions of law.
With the above direction this application is finally disposed of.
Order Date :- 2.4.2010
F.H.