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Mithilesh Kumar & Another v. State Of U.P. & Another - APPLICATION U/s 482 No. 14361 of 2007 [2007] RD-AH 10840 (29 June 2007)


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Hon'ble Vineet Saran, J.

Heard learned counsel for the petitioners as well as learned A.G.A. appearing for the respondents.

The petitioners have filed this petition challenging an order dated 1.6.2007 passed by Additional Civil Judge (Junior Division)/Judicial Magistrate, Jaunpur 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 petitioners 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 petitioners have submitted that the petitioners are peace loving persons and they shall cooperate with the investigation and that no useful purpose will be served if the petitioners are arrested and sent to jail. On the contrary, if arrested, the petitioners 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 petitioners 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 petitioners shall cooperate with the investigation.

With the aforesaid direction, this petition is finally disposed of.

dt. 29.6.2007


cri.misc.appl.no. 14361.07


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