Court No. - 54 Case :- APPLICATION U/S 482 No. - 1949 of 2010 Petitioner :- Smt. Keshkali Respondent :- State Of U.P. And Others Petitioner Counsel :- Sanjay Srivastava Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicant and learned A.G.A.
This application has been filed against the order dated 1.4.09 passed by the
learned CJM Kanpur Dehat whereby the application under section 156(3)
Cr.P.C. has been rejected and the order dated 1.8.09, passed by the learned
Addl. Sessions Judge, Court No. 1, Kanpur Dehat in Criminal Revision No.
44 of 2009 whereby the revision filed by the applicant has been dismissed.
From the perusal of the application under section 156 (3) Cr.P.C. it appears
that the allegations made therein are constituting the commission of a
cognizable offence. In such circumstances learned Magistrate concerned was
under legal obligation to direct the police station concerned to register the
case and investigate the same, but not passing such order the learned
Magistrate concerned has committed manifest error. The order dated 1.4.09 is
illegal. Therefore, the impugned orders are hereby set aside.
However, it is directed that the learned Magistrate concerned shall pass a
fresh order in accordance with the provisions of law on the application under
section 156 (3) Cr.P.C.
With the above direction, this application is finally disposed of.
Order Date :- 25.1.2010
KCS