High Court of Judicature at Allahabad
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Babbu Chaurasiya v. State Of U.P. & Another - APPLICATION U/s 482 No. 14282 of 2007  RD-AH 10814 (29 June 2007)
Hon'ble Vineet Saran, J.
Heard learned counsel for the petitioner as well as learned A.G.A. appearing for the respondents.
The petitioner has filed this petition challenging an order dated 14.6.2007 passed by Additional Civil Judge (Junior Division), Allahabad on an application filed under section 156(3) Cr.P.C., directing the Police to register the F.I.R. and investigate the matter.
It has been contended by learned counsel for the petitioner that the impugned order is illegal and that it has not been passed in accordance with the provisions of law.
Learned A.G.A. has submitted 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 require investigation and thus there is no illegality in the impugned order.
Having heard learned counsel for the parties and on perusal of the record, in my view, the impugned order does not suffer from any illegality or irregularity and as such the prayer for quashing the said order does not deserve to be granted.
Learned counsel for the petitioner has submitted that the petitioner is a peace loving person and he shall cooperate with the investigation and that no useful purpose will be served if the petitioner is arrested and sent to jail. On the contrary, if arrested, the petitioner shall suffer irreparable loss.
Considering the facts and circumstances of this case as well as submission of the learned counsel for the parties, it is directed that the petitioner shall not be arrested during the investigation of the case registered in pursuance of the impugned order till submission of report under section 173 Cr.P.C. However, it is provided that the petitioner shall cooperate with the investigation.
With the aforesaid direction, this petition is finally disposed of.
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