Court No. - 55 Case :- APPLICATION U/S 482 No. - 1692 of 2010 Petitioner :- Suresh Respondent :- State Of U.P. And Others Petitioner Counsel :- Avinash Kr. Sharma Respondent Counsel :- Govt. Advocate Hon'ble Ashok Kumar Roopanwal,J.
This application u/s 482 Cr.P.C. has been filed for quashing the order dated
2.12.2009 passed by A.D. J. (II), Jaunpur, in Criminal Revision No. 338 of
2009, Suresh Vs. State of U.P. and others as well as the order dated 18.8.2009
passed by the C.J.M., Jaunpur, in Case No. 6238 of 2009, Suresh Vs. Mahdai
and others.
Heard Mr. Avinash Kumar Sharma, learned counsel for the applicant, learned
AGA for the State and perused the record.
It has been contended by Mr. Sharma that the allegations contained in the
application u/s 156(3) Cr.P.C. required investigation by the police and by not
ordering the same an improper order has been passed, which is liable to be
quashed.
It appears from the record that the application moved u/s 156(3) Cr.P.C. was
ordered to run as a complaint. In such cases there is a provision for
investigation by the police at the stage of Section 202 Cr.P.C. if required and
found sufficient by the court. Therefore, there is no propriety at all to grant
any relief by the High Court in the exercise of power u/s 482 Cr.P.C.
Accordingly, this application is disposed of finally with the direction to the
court concerned to consider the propriety of investigation by the police at the
stage of section 202 Cr.P.C.
Order Date :- 25.1.2010
Pcl