High Court of Judicature at Allahabad
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Ram Charan Sharma v. Narendra Alais Triloki And Others - CRIMINAL MISC. WRIT PETITION No. 10681 of 2005  RD-AH 4607 (21 October 2005)
Hon'ble R.C.Deepak, J.
Supplementary affidavit filed, be taken on record.
Heard learned counsel for the petitioner, learned AGA and perused the record.
It is contended by the learned counsel for the petitioner that the application dated 16.2.2005 discloses the commission of cognizable offence. It was obligatory on the part of the learned magistrate to have directed for the registration of the case but he committed material illegality in rejecting the application vide order dated 10.3.2005. The learned revisional court also repeated the same illegality for refusing for registration of the case and its investigation.
Considering the facts and circumstances of the case, but without expressing any opinion on the merit of the case, the orders dated 10.3.2005 and 19.4.2005 passed by the courts below are set aside. The learned magistrate is directed to reconsider the matter expeditiously and pass a fresh order on the application of the petitioner dated 16.2.2005 within a period of ten days from the date of presentation of a certified copy of the order in accordance with law and the spirit of Section 156 (3) Cr.P.C.
With these observations, the petition is disposed of.
Dated: 21st October , 2005.
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