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Gaurishankar Gupta v. State Of U.P. & Another - APPLICATION U/s 482 No. 17838 of 2007  RD-AH 13274 (1 August 2007)
Hon. Ravindra Singh, J.
Heard learned counsel for the applicant and learned A.G.A.
This application has been filed by the applicant Gauri Shankar Gupta against the order dated 17.2.2007 passed by A.C.J.M. Kushinagar in Criminal Misc. case No. 35 of 2007 whereby the Officer Incharge of the police station concerned has been directed to register the case and investigate the same under section 156(3) Cr.P.C.
It is contended by the learned counsel for the applicant 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 A.G.A. 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 applicant and the learned A.G.A. 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 nature which requires investigation, the impugned order is not suffering from any illegality or irregularity, therefore, the prayer for quashing the impugned order is refused.
It is further contended that the applicant is man of peace loving. He shall cooperate with the investigation. In case, the applicant is arrested and sent to jail during investigation, the applicant shall suffer irreparable loss. Therefore, the applicant may not be arrested during investigation.
Considering the facts, circumstances of the case and the submissions made by the learned counsel for the applicant and the learned A.G.A, it is directed that the applicant shall not be arrested during investigation of the case registered in pursuance of the impugned order but the applicant shall cooperate with the investigation.
With this direction this application is finally disposed of.
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