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Karan Pal Singh Sengar v. State Of U.P. & Another - CRIMINAL REVISION No. 195 of 2006  RD-AH 1103 (17 January 2006)
Hon'ble Ravindra Singh , J.
Heard learned Counsel for the revisionist, learned A.G.A. and Sri R.P.S. Rathor learned counsel for the opposite party no. 2.
This application is filed by the revisionist Karan Pal Singh Sengar against the order dated 2.1.2006 passed by the learned A. C.J.M., Court No. 17, Etah in Criminal Misc Case No. 26 of 2005 whereby the application under Section 156(3) Cr.P.C. was allowed and the S.O. concerned was directed to register a case and investigate the same.
It is contended by the learned counsel for the revisionist that the impugned order is illegal which has not been passed in accordance with the provision of law.
It is opposed by the learned A.G.A. by submitting that there is no illegality or irregularity in the impugned order because from the perusal of the allegations made in the application under Section 156(3) Cr.P.C. prima facie cognizable offence is made out against the revisionist.. The order is well reasoned and prefect
From the perusal of the application under Section 156(3) it appears that on the basis of the allegation made therein prima facie cognizable offence is made out against the revisionist and the allegations are of such nature which requires investigation by the police. Therefore, there is no illegality or irregularity in the impugned order. The prayer for quashing the impugned order is refused.
It is further contended that the revisionist is man of peace loving. The allegations made against him are not of grave in nature. In case he is arrested and sent to jail during the investigation of the case registered against him, he shall suffer for irreparable loss.
In view of the facts and circumstances of the case and submissions made by the learned counsel for the revisionist and learned A.G.A. and the learned counsel for the opposite party no. 2 it is directed that the revisionist shall not be arrested during the pendency of the investigation of the case registered in pursuance of the above mentioned impugned order, but he shall co-operate with the case and will not tamper with the evidence.
With this observation the application is finally disposed of.
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