Mamta Singh And Anr. vs The State Of U.P Thru Principal ...
2012 Latest Caselaw 2404 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- U/S 482/378/407 No. - 1904 of 2012
 

 
Petitioner :- Mamta Singh And Anr.
 
Respondent :- The State Of U.P Thru Principal Secy., Home Deptt., And Ors.
 
Petitioner Counsel :- Sunil Kumar Singh,Shanti Kumar Asthana
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Ajai Lamba,J.

This petition has been filed with a limited prayer that respondent no.2 i.e. Sub Divisional Magistrate, Hasanganj, Unnao, be directed to initiate proceedings under Section 146 Cr.P.C.

Application (Annexure-2) was filed by the petitioner on 28.3.2009.  Police report had also been called for and had been received, as is evident from Annexure-4 dated 05.10.2009.  Surely, the Magistrate is required to adjudicate and pass orders, as required by facts and circumstances of the case and in accordance with law.

Section 145 and 146 of the Code of Criminal Procedure are invoked in emergency conditions and, therefore, there should not be any delay at the hands of the Executive Magistrate.

Considering the facts and circumstances of the case, however, no direction can be issued to the Magistrate to issue an order under Section 146 Cr.P.C.

This petition is disposed of with direction to the Magistrate to adjudicate on application (Annexure 2) and take a decision within one month from the date of receipt of certified copy of this order.

Order Date :- 31.5.2012

A.Nigam