Allahabad High Court High Court

Ajay Beer Singh vs State Of U.P. & Others on 6 July, 2010

Allahabad High Court
Ajay Beer Singh vs State Of U.P. & Others on 6 July, 2010
Court No. - 54
Case :- APPLICATION U/S 482 No. - 22343 of 2010
Petitioner :- Ajay Beer Singh
Respondent :- State Of U.P. & Others
Petitioner Counsel :- R.K.Dubey,S.K.Pandey
Respondent Counsel :- Govt. Advocate

Hon'ble Vinod Prasad,J.

Heard learned counsel for the applicant and learned AGA.

Perused the order dated 24.6.2010 passed by the Special Judge,
(Dacoity) Farrukhabad in misc. case No. 50/12/2009 (Ajaybeer
Singh Vs. Rakesh Kumar Singh) on the application of the
applicant under Section 156(3) Cr.P.C.

The said order is wholly illegal and therefore is set aside. Matter is
remanded back to Special Judge (Dacoity) Farrukhabad to decide
the application of the applicant in accordance with law. Without
getting the matter investigated or inquired into a premature
finding, that the allegations levelled in the application are false, is
not in judicial conscience.

This application is allowed with the aforesaid direction.

Order Date :- 6.7.2010
Salim