Court No. - 43 Case :- APPLICATION U/S 482 No. - 5177 of 1996 Petitioner :- Achyutanand Rai Respondent :- State Of U.P.& Others Petitioner Counsel :- D.Kumar,Rajeev Gupta Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Learned counsel for the applicant is not present.
Heard learned A.G.A. and perused the record.
This application has been filed by the applicant with a prayer to quash the
order dated 20.11.1996 passed by Chief Judicial Magistrate, Ghazipur in
Misc. Case No. 210 of 1996, whereby the Officer Incharge at P.S.Bhanwar
Kol, District-Ghazipur.
From the perusal of the record it appears that in the present case the
application under Section 340 Cr.P.C. was moved in the court of Chief
Judicial Magistrate, Ghazipur, on which the report was called from the police
station concerned, submitted the report making the allegation against the
applicant that the forged transfer certificate issued by the applicant was not
having date of birth of the certificate.
Considering the same the learned C.J.M., Ghaziabad has directed to lodge the
F.I.R. it appears that in the present case the learned C.J.M., Ghaziabad had not
made any inquiry. Therefore, the order dated 20.11.1996 is hereby illegal and
set aside.
Accordingly, this application is allowed.
Let a copy of this order may be communicated to learned C.J.M./Sessions
Judge, Ghaziabad concerned, forthwith, for passing appropriate order.
Order Date :- 9.8.2010
Ashish Tripathi