Court No. - 54 Case :- APPLICATION U/S 482 No. - 1611 of 2010 Petitioner :- Nirmal Chand Mittal And Another Respondent :- State Of U.P. Petitioner Counsel :- Sanjay Mishra Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicants and learned A.G.A.
This application has been filed by the applicants Nirmal Chand Mitttal
and another against the order dated 16.12.2009 passed by A.C.J.M.
Court No. 1, Aligarh in case No. Nil of 2009 whereby the application
under section 156(3) 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 applicants 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
applicants 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 applicants are men of peace loving.
They shall cooperate with the investigation. In case, the applicants
are arrested and sent to jail during investigation, the applicants shall
suffer irreparable loss. Therefore, the applicants may not be arrested
during investigation.
Considering the facts, circumstances of the case and the
submissions made by the learned counsel for the applicants 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 applicants shall not be arrested during
investigation of the case but the applicants shall cooperate with the
investigation.
With this direction this application is finally disposed of.
Order Date :- 21.1.2010
RPD