Court No. - 54 Case :- APPLICATION U/S 482 No. - 11609 of 2010 Petitioner :- Yad Ram Singh And Others Respondent :- State Of U.P. And Another Petitioner Counsel :- C.V.S. Raghuvanshi 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 21.1.2010 passed by
Addl. Civil Judge (J.D.) / Judicial Magistrate court no. 2 Nagina, Bijnor in
Misc. application no.66 of 2009, whereby the application under Section 156
(3) Cr.P.C. P.S. Barhapur, District Bijnor has been allowed.
It is contended by the learned counsel for the applicants that the impugned
order is illegal, it has not been passed in accordance with the 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 section
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
investigation is not suffering from any illegality or irregularity, therefore, the
prayer for quashing the impugned order is refused.
It is further contended that the applicants is a man of peace living. He shall
cooperate with the investigating. In case, he is arrested and sent to jail during
investigation, he shall suffer irreparable loss. Therefore, he may not be
arrested during investigation.
Considering the facts, circumstances of the case and the submissions made by
the learned counsel for the applicants and the learned AGA, it is directed that
in case the F.I.R. has not been registered till today, if it is lodged
subsequently, in pursuance to the impugned order, the applicant shall not be
arrested during investigation of the case, but the applicant shall cooperate
with the investigation.
With this direction, this application is finally disposed of.
Order Date :- 2.4.2010
F.H.