Court No. - 54 Case :- APPLICATION U/S 482 No. - 23566 of 2010 Petitioner :- Khalid Ali Respondent :- State Of U.P. & Others Petitioner Counsel :- Mirza Ali Zulfaquar Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
As ordered on 23.7.2010, C.J.M. Rampur is personally present before me. He
realized his mistake and tendered unqualified apology. He is warn for his
future conduct. No judicial officer should incorporate his personal
experiences in his order. Judgment/order has to be passed in accordance with
the law, as is required under the Code of Criminal Procedure in the Chapter
meant for it. Travelling beyond the scope of that Chapter is not an exercise in
judicial dispensation of justice. Since the officer is a young officer, I close the
chapter and warn for his future conduct and to be more careful.
In view of the above, impugned order dated 28.6.2010 passed by Chief
Judicial Magistrate, Rampur in Miscellaneous Case No.424 of 2010, Khalid
Ali Versus Smt. Nagma @ Beby and others, under Section 156(3) Cr.P.C.,
P.S. Civil Lines, District Rampur is hereby set aside. The matter is remanded
back to C.J.M. Rampur to redecide the application of the applicant for
registration of F.I.R. under Section 156(3) Cr.P.C. strictly in accordance with
law.
This application is allowed.
Order Date :- 26.7.2010
RK