Court No. - 54 Case :- APPLICATION U/S 482 No. - 2436 of 2010 Petitioner :- Chatrapal And Others Respondent :- State Of U.P. And Another Petitioner Counsel :- J.S.P. Singh,Rabish Kr. Singh 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 to quash the order dated 11.11.2009
passed by the learned Judicial Magistrate, Rampur in Crl.Misc. Case
No. 1458 of 2009 by which the application under section 156(3) Cr.P.C.
has been allowed and the officer in charge of the Police Station
concerned has been directed to register a case and investigate the same.
It is contended by the learned counsel for the applicant 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
investigation 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, they are arrested and sent
to jail during investigation, they shall suffer irreparable loss. Therefore,
they 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 F.I.R. 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 the above direction, this application is finally disposed of
Order Date :- 28.1.2010
Su