Court No. - 50 Case :- CRIMINAL MISC. WRIT PETITION No. - 11570 of 2010 Petitioner :- Vimal Respondent :- State Of U.P. & Another Petitioner Counsel :- Praneet Kumar Srivastava Respondent Counsel :- Govt. Advocate Hon'ble Shyam Shankar Tiwari,J.
Heard learned counsel for the petitioner and learned AGA for the State.
This writ petition has been filed by the petitioner to stay the effect of the
operation of the impugned order dated 21.5.2010 passed by learned Sessions
Judge,Baghpat in Crl.Revision No. 51 of 2010(Jainam versus State of U.P.)
It is contended by learned counsel for the petitioner that the impugned order
passed by learned revisional court is not justified as already one FIR has been
lodged regarding the incident in question and investigation is going on.
Learned AGA has opposed the above contentions and submitted that the
petitioner has no locus standi at present to challenge the impugned order as
no FIR is lodged against him so far.
Considered the submissions made by learned counsel for the parties and a
perusal of the record reveals that an application u/s 156(3) Cr.P.C. was moved
before the learned Magistrate for directing the police of P.S.concerned to
register and investigate the case of the particular incident. The learned
Magistrate rejected that application u/s 156(3) Cr.P.C. on the basis that the
police has already registered a criminal case on case Crime No.79 of 2010 u/s
147,332,336,436 and 504 IPC and 7 Criminal Law Amendment Act. A
revision was preferred against the impugned order passed by the Magistrate
and learned revisional court set aside that order passed by the learned
Magistrate ,mainly on the ground that the earlier FIR does not contain the
name of accused persons proposed to be accused as disclosed by the
complainant and that FIR does not contain true and correct facts of the
incident. He has directed the learned Magistrate concerned to reconsider the
matter u/s 156(3)Cr.P.C. and pass suitable orders.
In view of the facts and circumstances, it appears that the petitioner is not an
accused so far and he has no locus standi to oppose the hearing of the
application u/s 156(3) Cr.P.C. before the Magistrate concerned. Learned
Magistrate will pass an order according to law at his wisdom.
Accordingly this petition has no force and is hereby dismissed.
Order dated:2.7.2010
Hsc/