Court No. - 54 Case :- APPLICATION U/S 482 No. - 1747 of 2010 Petitioner :- Phool Chand And Others Respondent :- State Of U.P. And Another Petitioner Counsel :- Hasan Ahmad Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicants and learned AGA.
This application has been filed against the order dated 6.1.2010 passed by the
Additional Chief Judicial Magistrate, court no. 4, Allahabad in case no. 448/
XII of 2009 whereby the application filed 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 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 provisions of law.
It has been rebutted by the learned AGA 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 AGA and from the perusal of the application under 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 irregularities, therefore, the prayer for quashing the impugned
order is refused.
It is further contented that the applicants are a 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 the investigation.
Considering the facts, circumstances of the case and the submission made by
the learned counsel for the applicants and the learned AGA, 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 the above direction, this application is finally disposed of.
Order Date :- 22.1.2010
SR