High Court of Judicature at Allahabad
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Smt. Shakuntala @ Shushila & Others v. State Of U.P. & Another - CRIMINAL REVISION No. 738 of 2006  RD-AH 3272 (13 February 2006)
Hon'ble Ravindra Singh , J.
Heard learned Counsel for the revisionists and learned A.G.A.
This application is filed by the revisionists Smt Shakuntla alias Shushila, Namo Narayan, Kallu alias Hariom Deo Narayan, Manoj and Kripashankar against the order dated 3.1.2006 passed by the learned Additional Chief Metropolitan Magistrate,1st, Kanpur Nagar whereby the application under Section 156(3) Cr.P.C. was allowed and the S.O. concerned was directed to register a case and investigate the same.
It is contended by the learned counsel for the revisionists that the impugned order is illegal which has not been passed in accordance with the provision of law.
It is opposed by the learned A.G.A. by submitting that there is no illegality or irregularity in the impugned order because from the perusal of the allegations made in the application under Section 156(3) Cr.P.C. prima facie cognizable offence is made out against the revisionist. The order is well reasoned and prefect
From the perusal of the application under Section 156(3) it appears that on the basis of the allegation made therein prima facie cognizable offence is made out against the revisionist and the allegations are of such nature which requires investigation by the police. Therefore, there is no illegality or irregularity in the impugned order. The prayer for quashing the impugned order is refused.
It is further contended that the revisionists are men of peace loving. The allegations made against them are not of grave in nature. In case they are arrested and sent to jail during the investigation of the case registered against them, they shall suffer for irreparable loss.
In view of the facts and circumstances of the case and submissions made by the learned counsel for the revisionists and learned A.G.A. it is directed that the revisionists shall not be arrested during the pendency of the investigation of the case registered in pursuance of the above mentioned impugned order, but they shall co-operate with the investigation and will not tamper with the evidence.
With this direction the revision is finally disposed of.
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