Court No. - 54 Case :- APPLICATION U/S 482 No. - 2083 of 2010 Petitioner :- Anil Kumar Jain Respondent :- State Of U.P. And Another Petitioner Counsel :- M.L. Jain Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicants and learned AGA.
This application has been filed by the applicants with a prayer to quash the
order dated 06.4.2009 passed by the learned 13th A.C.J.M,. Agra in Misc.
Case No. 45 of 2009, whereby the application under section 156 (3) Cr.P.C.
has been treated as a complaint.
From the perusal of the record including the application under section 156(3)
Cr.P.C. and the impugned order, it appears that the allegations made in
application under section 156(3) Cr.P.C. are disclosing the cognizable offence
which required investigation also, in such circumstances the impugned order
passed by the learned Magistrate concerned treating the application under
section 156(3) Cr.P.C. as a complaint is illegal and is hereby set aside.
However, it is directed that the learned Magistrate concerned shall pass a
fresh order on the application filed by the applicant under section 156(3)
Cr.P.C. in accordance with provision of law.
With the above direction, this application is finally disposed of.
Order Date :- 25.1.2010
Sandeep