Court No. - 43 Case :- APPLICATION U/S 482 No. - 25570 of 2010 Petitioner :- Ram Avtar Bansal Respondent :- State Of U.P. Petitioner Counsel :- Sunil Kumar Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicant, Sri Anil Kumar Mishra, learned
counsel appearing on behalf of the propose accused and learned A.G.A.
This application has been filed with a prayer to quash the order dated
28.6.2010 passed by the learned A.C.J.M., Bulandshahar in Criminal
Misc. Application No. 130 of 2010 , Complaint Case No. 1792 of 2010
whereby the application under section 156(3) Cr.P.C. has been treated as
a complaint.
From the perusal of the record including the application under section
156(3) Cr.P.C. and the impugned order it appears that the allegations
made in application under section 156(3) Cr.P.C. are disclosing the
cognizable offence which requires investigation also, in such
circumstances the impugned order passed by the learned Magistrate
concerned treating the application under section 156(3) Cr.P.C. as a
complaint is illegal and is hereby set aside.
However, it is directed that the learned Magistrate concerned shall pass a
fresh order on the application filed by the applicant under section 156(3)
Cr.P.C. in accordance with provisions of law.
With the above direction, this application is finally disposed of.
Order Date :- 13.8.2010
Su