High Court of Judicature at Allahabad
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A.K. Jain & Another v. State Of U.P. & Others - APPLICATION U/s 482 No. 8348 of 2006  RD-AH 12113 (25 July 2006)
Hon'ble Ravindra Singh , J.
Heard learned counsel for the applicants and learned A.G.A.
This application has been filed by the applicants A.K. Jain and A.K. Verma with a prayer that the order dated 24.6.2005 passed by the learned In-charge A.C.M.M., Court No. 7, Kanpur Nagar whereby the application under Sections 156(3) Cr. P. C. was allowed and the S.H..O. of Police Station concerned was directed to register a case and investigate the same in exercise of power conferred under Sections 156(3) Cr. P. C. , may be set aside.
It is contended by the learned counsel for the applicants that the impugned order is illegal which has not been passed in accordance with the provision of law even the police report was not considered by the learned Magistrate.
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 applicants. 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 applicants and the allegations are of such nature which requires investigation by the police. Therefore, there is no illegality or irregularity in the impugned order. Therefore, the prayer for setting aside the impugned order is refused.
It is further contended that the applicants are men of peace loving. The allegations made against them are not of grave in nature. In case they are arrested and sent to jail during the investigation of the case registered against them, they shall suffer for irreparable loss.
In view of the facts and circumstances of the case and submissions made by the learned counsel for the applicants and learned A.G.A. it is directed that the applicants shall not be arrested during the pendency of the investigation of the case registered in pursuance of the above mentioned impugned order, but they shall co-operate with the investigation and shall not tamper with the evidence.
With this direction the application is finally disposed of.
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