Court No. - 54 Case :- APPLICATION U/S 482 No. - 1184 of 2010 Petitioner :- Satyaveer Singh And Another Respondent :- State Of U.P. & Another Petitioner Counsel :- Amit Kumar Singh Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicants and learned AGA.
This application has been filed against the order dated 22.12.2009 passed
by the learned Additional Chief Judicial Magistrate-III, Ghaziabad in
Misc.Case No.1154 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 applicants that the impugned
order is illegal, it has not been passed in accordance with provisions of
law.
It has been rebutted by the learned AGA 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 AGA and from the perusal of the application
under 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 impugned order is
not suffering from any illegality or irregularities, therefore, the prayer for
quashing the impugned order is refused.
It is further contented that the applicants are a 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 the investigation.
Considering the facts, circumstances of the case and the submission made
by the learned counsel for the applicants and the learned AGA, it is
directed that in case the FIR 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 :- 18.1.2010
PKC