Court No. - 54 Case :- APPLICATION U/S 482 No. - 3022 of 2010 Petitioner :- Dealer/Proprietor Pragati Gas Agency Respondent :- State Of U.P. And Others Petitioner Counsel :- Kamesh Kumar Arya Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicant and learned A.G.A.
This application has been filed against the order dated 21.1. 2010 passed by
the Chief Judicial Magistrate, Rampur in application no. 766 of 2009 by
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 applicant
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 impugned order is not suffering from
any illegality or irregularity, therefore, the prayer for quashing the impugned
order is refused.
It is further contended that the applicant is a man of peace loving. He shall
cooperate with the investigation. In case, the applicant is arrested and sent to
jail during investigation, the applicant shall suffer irreparable loss. Therefore,
he/she may not be arrested during investigation.
Considering the facts, circumstances of the case and the submissions made by
the learned counsel for the applicant and the learned A.G.A, it is directed that
in case the F.I.R. has not been registered till today, if it is lodged
subsequently, in pursuance to the impugned order, the applicant shall not be
arrested during investigation of the case, but the applicant shall cooperate
with the investigation.
With the above direction, this application is finally disposed of.
Order Date :- 1.2.2010
N.A.