Court No. - 43 Case :- APPLICATION U/S 482 No. - 25316 of 2010 Petitioner :- Rafeeq Respondent :- State Of U.P. & Others Petitioner Counsel :- Sanjay Kr. Srivastava,Ajay Kr. Srivastava 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 with a prayer to quash the order dated
21.7.2010 passed by learned C.J.M. Kanpur Dehat in Misc. Application
No. 565 of 2010 whereby the application under section 156(3) Cr.P.C.
has been treated as a complaint.
From the perusal of the record it appears that the learned Magistrate
concerned has treated the application under section 156(3) Cr.P.C.as
complaint and the applicant has been directed to appear before the court
concerned for recording his statement under section 200 Cr.P.C.
From the perusal of the record it appears that the allegations made in the
application under section 156(3) Cr.P.C. are not necessarily required to
be investigated by the police. The learned Magistrate has not committed
error in treating the application as complaint. The impugned order is not
suffering from any illegality or irregularity, therefore, the prayer for
quashing the same is refused.
However, considering the facts and circumstances of the case, it is
directed that the proceedings of the above mentioned case shall be
expedited without granting unnecessary adjournment to either of the
side.
With the above direction the application is finally disposed of.
Order Date :- 11.8.2010
Su