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Allahabad High Court · body

2006 DIGILAW 1534 (ALL)

SUKHVEER SINGH v. STATE OF U. P.

2006-05-29

VINOD PRASAD

body2006
( 1 ) HEARD Sri Gaurav Kakkar, learned counsel for the applicant and the learned A. G. A. ( 2 ) THE applicant-Sukhveer Singh is aggrieved by an order dated 6-5-2006 passed by the Second Additional Chief Judicial Magistrate, gautam Budh Nagar on an application filed by the applicant under S. 156 (3), cr. P. C. The A. C. J. M. II, Gautam Budh Nagar was pleased to reject the application of the applicant under S. 156 (3), Cr. P. C. on the ground that the applicant is in the knowledge of all the facts and of the witnesses therefore, the investigation is not required. A perusal of the application under S. 156 (3), cr. P. C. is specifically makes out a cognizable offence. It is the mandate of law, under S. 154, cr. P. C. , that the police will register all informations, which discloses commission of a cognizable offence. There is no scope for the police to refuse registration of any such Information If given to it either orally or In writing. Learned Magistrate by refusing to direct the police to register such information has not only committed Illegality but has done miscarriage of justice. The reason given by the A. C. J. M. II, Gautam budh Nagar in the impugned order is wholly puerile and de hors the law. Consequently, at the admission stage itself I allow this application filed by the applicant and quash the order dated 6-5-2006 passed by A. C. J. M. II, Gautam Budh Nagar on the application filed by the applicant under S. 156 (3), Cr. P. C. He is directed to reconsider the application filed by the applicant under S. 156 (3), cr. P. C. in accordance with law within a period of two weeks from today and pass a reasoned order thereon. Application allowed. .