High Court of Judicature at Allahabad
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Rajveer & Others v. State Of U.P. & Another - APPLICATION U/s 482 No. 3926 of 2007  RD-AH 3309 (27 February 2007)
Hon'ble Ravindra Singh, J.
Heard learned counsel for the applicants and learned A.G.A.
This application has been filed by the applicants, who are six in number, against the order dated 14.2.2007 passed by the Judicial Magistrate, Fatehabad by which the application under section 156(3) Cr.P.C. has been allowed and the officer in charge of the Police Station concerned has been directed to register a case and investigate the same.
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 applicants 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.
However, considering the nature of the allegations it is directed that in case the applicants appear before the court concerned within 30 days from today and apply for bail, the same shall be considered and disposed of expeditiously if possible, on the same day and for a period of 30 days from today, no coercive steps shall be taken against the applicant.
With this direction, the application is finally disposed of.
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