Court No. - 54 Case :- APPLICATION U/S 482 No. - 2451 of 2010 Petitioner :- Jasim Respondent :- State Of U.P. And Another Petitioner Counsel :- Dileep Kumar Shrivastava 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 to quash the order dated 6.1.2010 passed
by the learned C.J.M.Kushi Nagar in Misc. case No. 485 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 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 :- 28.1.2010
Su