Court No. - 54 Case :- APPLICATION U/S 482 No. - 2121 of 2010 Petitioner :- Laxman Prasad & Ors. Respondent :- State Of U.P. & Anr. Petitioner Counsel :- Vijay Sinha,S.A. Imam Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicants and learned A.G.A.
This application has been filed against the order dated 30.10.2009 passed by
the Chief Judicial Magistrate, Gorakhpur in case no. 496A 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 applicants
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 investigation is not suffering from any
illegality or irregularity, therefore, the prayer for quashing the impugned order
is refused.
It is further contended that the applicants are men of peace loving. They shall
cooperate with the investigation. In case, they are arrested and sent to jail
during investigation, they shall suffer irreparable loss. Therefore, they may
not be arrested during investigation.
Considering the facts, circumstances of the case and the submissions made by
the learned counsel for the applicants 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 applicants shall not be
arrested during investigation of the case, but the applicants shall cooperate
with the investigation.
With the above direction, this application is finally disposed of.
Order Date :- 25.1.2010
N.A.