Allahabad High Court High Court

Bhagirath vs State Of U.P. & Others on 28 July, 2010

Allahabad High Court
Bhagirath vs State Of U.P. & Others on 28 July, 2010
Court No. - 54

Case :- APPLICATION U/S 482 No. - 23832 of 2010

Petitioner :- Bhagirath
Respondent :- State Of U.P. & Others
Petitioner Counsel :- Sanjay Kumar Dwivedi
Respondent Counsel :- Govt. Advocate

Hon'ble Vinod Prasad,J.

Heard learned counsel for the applicant and the learned AGA.

The allegation levelled in the application that of committing of murder. There
was no justification for A.C.J.M., Court No. 4, Mathura not to direct the
police to register the case and investigate the offence. Perusal of the entire
impugned order dated 28.6.2010 in case no. 232/2010 (Bhagirath Vs. Neeraj
and others), under Sections 147, 302, 177, 120-B I.P.C., P.S. Nauhajheel,
District Mathura indicate a very gloomy picture.

In such a view, the impugned order dated 28.6.2010 passed by A.C.J.M.,
Court No. 4, Mathura is hereby set aside. The matter is remanded back for a
fresh decision to the concerned Magistrate.

With the aforesaid direction, This Crl. Misc. Application is allowed.

Order Date :- 28.7.2010
AKG/-