High Courts

Ram Saroj Tiwari vs State of U.P.& Another

Allahabad High Court · Decided on 10 April 2000 · Citation: (2000) 04 AHC CK 0076

HON’BLE JUDGES
M.A.Khan, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 156(3), 482
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Case No. 874 of 1999
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Judgment

4 paragraphs · 249 words

M.A. Khan, J.—Heard petitioner''s counsel and I have gone through the record.

2.

A petition under Section 156 (3) Cr. P.C. was moved by the petitioner before the learned Magistrate who directed the Station Officer concerned to register a case and investigate. But it is unfortunate that the Station Officer did not like to comply with the order passed by the learned Magistrate and the matter was left silent for over a year. The learned Magistrate found that the case was neither registered nor investigated by the police and in spite of that the learned Magistrate even dropped the contempt proceedings initiated by the petitioner.

3.

I have perused the order dated 3.7.1998 passed by the learned C.J.M., Gonda and I find that the learned Magistrate did not even like to consider as to why Station Officer did not like to comply with the orders passed on 3.7.1998 and instead he rejected the application of the petitioner on the ground that since a year has elapsed, therefore no action will be taken. The order passed by the C.J.M. Gonda is absurd and it is directed that the C.J.M. shall ensure that the order dated 3.7.1998 passed by him on the petition of the petitioner is complied with and the case is registered and investigated. The C.J.M. concerned shall also take action against that Station Officer as to why he did not like to comply with the orders dated3.7.1998.

4.

With this observation, the petition 1 lands disposed of finally.