Court No. - 54 Case :- APPLICATION U/S 482 No. - 1908 of 2010 Petitioner :- Mohammad Khalil Ahmad Respondent :- State Of U.P. Petitioner Counsel :- Sanjay Kr. Mishra Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicant and learned AGA.
It is contended by learned counsel for the applicant that the order dated
18.12.09. passed by learned Additional Chief Judicial Magistrate, court no.
10 Azamgarh in misc. application no. 525 of 2009 whereby the application
under section 156(3) Cr.P.C. has been rejected. It is further contended tht the
impugned order is illegal which has not been decided under the provisions of
law because on the basis of the allegation made in the application under
section 156(3) Cr.P.C. a prime facie cognizable offence is not made out but
the same has not been considered by the courts below. The impugned order is
illegal which is liable to be set aside.
It is opposed by learned AGA by submitting that the order is well reasoned
order.
From the perusal of the record the application under section 156(3) Cr.P.C.
and the impugned order, it appears that on the basis of allegations made
therein prima facie offence is made out. In such circumstances learned
Magistrate was under obligation to direct the Officer In charge to investigate
the same, but no passing such order, learned Magistrate has committed
manifest error. Therefore, the impugned order is illegal and 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 provisions of law.
With the above direction, this application is finally disposed of.
Order Date :- 22.1.2010
SR