Court No. - 54 Case :- APPLICATION U/S 482 No. - 1552 of 2010 Petitioner :- Ram Swaroop Sirohi Respondent :- State Of U.P. Petitioner Counsel :- Sumit Goyal,Jitendra Singh Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicant and learned A.G.A.
It is contended by learned counsel for the applicant that the order
dated 05.12.2009 passed by Addl. Chief Judicial Magistrate, Hapur,
Ghaziabad in case crime No. 726 of 2009 whereby the application
under section 156(3) Cr.P.C. has been rejected. It is further
contended that 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
prima 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 A.G.A. by submitting that the order is well
reasoned order.
From the perusal of the application under section 156(3) Cr.P.C. it
appears that on the basis of allegation made therein prima facie
offence is made out. In such circumstances learned Magistrate was
under obligation to direct the Officer Incharge to investigate the
same, but not 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 this direction, this application is finally disposed of.
Order Date :- 21.1.2010
RPD