Court No. - 45 Case :- APPLICATION U/S 482 No. - 19142 of 2010 Petitioner :- Riyasat Ali Respondent :- State Of U.P. & Others Petitioner Counsel :- Krishna Kant Shukla Respondent Counsel :- 2010/ Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicant and the learned AGA for the State-
respondent.
The present 482 Cr.P.C. petition has been filed for quashing of the order dated
25.3.2010, passed by Additional Chief Judicial Magistrate, Court No.3,
Rampur whereby the application of the applicant filed under Section 156(3)
Cr.P.C. has been rejected.
Learned counsel for the applicant has stated that a bare perusal of the
application filed under Section 156(3) Cr.P.C. would disclose commission of
cognizable offence, therefore, the order passed by the Magistrate is bad in
law.
Learned AGA has contended that the order impugned does not suffer from
any legal infirmity and calls for no interference by this Court in exercise of
power under Section 482 Cr.P.C.
After hearing the learned counsel for the applicant and the learned AGA as
well as after perusing the the order impugned, this Court is of the opinion that
the learned counsel for the applicant could not point out any legal infirmity in
the order impugned, which may warrant any interference by this Court in
exercise of power under Section 482 Cr.P.C. Accordingly, the prayer for
quashing of the order dated 25.3.2010 is hereby refused.
However, the applicant has remedy open to him under the provisions of
Criminal Procedure Code. Accordingly, the petition lacks merit and is
dismissed.
Order Date :- 2.8.2010
Hasnain