Court No. - 50 Case :- CRIMINAL MISC. WRIT PETITION No. - 13431 of 2010 Petitioner :- Shiv Kumar Respondent :- State Of U.P. & Others Petitioner Counsel :- Kuldeep Kumar Mishra Respondent Counsel :- Govt. Advocate Hon'ble Ashok Kumar Roopanwal,J.
This writ petition has been filed against the order dated 12.4.2010 passed by
the Additional Sessions Judge, Court No. 16, Meerut, and the order dated
19.8.2009 passed by the C.J.M. Meerut. Vide order dated 19.8.2009 an
application u/s 156(3) Cr.P.C. moved by the petitioner was rejected and when
revision was filed, that revision was dismissed vide order dated 12.4.2010.
Heard Mr. K. K. Mishra, learned counsel for the petitioner, learned AGA for
the State and perused the record.
It has been argued by Mr. Mishra that it was a case where investigation by the
police was must and therefore, the application should not have been rejected.
May that be. As there is an option with the petitioner to file a complaint in
respect of the allegations contained in the application u/s 156(3) Cr.P.C., there
is no propriety at all to go ahead with this petition.
The writ petition is dismissed. However, it is directed that in case
investigation by the police is required, the trial court shall consider that option
at the stage of section 202 Cr.P.C.
Order Date :- 27.7.2010
Pcl