Court No. - 43 Case :- APPLICATION U/S 482 No. - 24836 of 2010 Petitioner :- Smt. Reena Respondent :- State Of U.P.And Others Petitioner Counsel :- S.K.Dubey 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
15.5.2010 passed by learned Addl. C.J.M. Court No. 2, Ghaziabad in misc.
case No. 130 of 2010 whereby the application under section 156(3) Cr.P.C.
has been treated as a complaint.
From the perusal of the record including the application under section 156(3)
Cr.P.C. and the impugned order it appears that the allegations made in the
application under section 156(3) Cr.P.C. are disclosing the cognizable offence
which requires investigation also, in such circumstances the impugned order
passed by the learned Magistrate concerned treating the application under
section 156(3) Cr.P.C. as a complaint is illegal and is 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 :- 6.8.2010
RPD