Court No. - 54 Case :- APPLICATION U/S 482 No. - 1426 of 2010 Petitioner :- Mahadev And Others Respondent :- State Of U.P. And Others Petitioner Counsel :- Dhirendra Kumar Srivastav 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 Mahadev and two
others against the order dated 22.12.2009 passed by C.J.M.
Chandauli in case No. 259 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