Court No. - 43 Case :- APPLICATION U/S 482 No. - 24915 of 2010 Petitioner :- Jai Prakash Rai & Others Respondent :- State Of U.P. & Another Petitioner Counsel :- Sheo Ram Singh,Janardan Yadav 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 against the order dated 10.6.2010 passed by
the Additional Chief Judicial Magistrate, Court Room no. 12, Azamgarh in
Misc. Application No. 342 of 2010by 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, in pursuance to the
impugned order, the applicants shall not be arrested during investigation of
that case, but the applicants shall cooperate with the investigation,however, it
is made clear that the above mentioned direction shall not be effective if the
F.I.R. in pursuance of the impugned order is lodged till today.
With the above direction, this application is finally disposed of.
Order Date :- 5.8.2010
N.A.