HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 50 Case :- CRIMINAL MISC. WRIT PETITION No. - 5772 of 2012 Petitioner :- Mahavir Singh Respondent :- State Of U.P. & Others Petitioner Counsel :- Deepak Kumar Srivastava Respondent Counsel :- Govt. Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
The present writ petition has been filed for quashing the order dated 06.04.2012 passed by learned Chief Judicial Magistrate, District Bareilly in Misc. Case No. 241 of 2012 whereby application under Section 156(3) Cr.P.C., filed by the petitioner has been rejected.
Learned counsel for the petitioner has contended that from a bare perusal of the application under Section 156(3) Cr.P.C., would demonstrate the commission of cognizable offence, thus, the order impugned is bad in law.
In the opinion of the Court, the petitioner has an alternative remedy open to him by way of filing an appropriate application before the concerned Court below as per provisions of Criminal Procedure Code.
With the aforesaid observations, this writ petition is finally disposed off.
Order Date :- 11.5.2012 S.Ali