Toni Kalra vs State Of U.P. & Another on 28 June, 2010

Court No. - 40

Case :- CRIMINAL REVISION No. - 2414 of 2010

Petitioner :- Toni Kalra
Respondent :- State Of U.P. & Another
Petitioner Counsel :- Abhai Saxena
Respondent Counsel :- Govt. Advocate

Hon'ble Vinod Prasad,J.

Heard the learned counsel for the applicant and learned AGA. On the question
as to whether FIR against the accused should be registered or not, the accused
cannot be heard. The accused does not come up in picture at that stage. It is
only when the FIR has been registered, he gets right to challenge the same,
that too before appropriate forum under Article 226 of the Constitution of
India.

It will be travesty of law to allow accused to be heard on the question as to
whether a FIR should be registered or not.

This application is bereft of merit and is dismissed.

Order Date :- 28.6.2010
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