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2008 Supreme(All) 2562

VIJAY KUMAR VERMA
ABDUL AZIZ – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Shahabuddin for the Applicants; A.G.A. for the Opposite Parties.

JUDGMENT

Hon’ble Vijay Kumar Verma, J.—”Whether the prospective accused can challenge the order directing investigation of the case after registration of the FIR”, is the main question that falls for consideration in this application under Section 482 of the Code of Criminal Procedure (in short, ‘the Cr.P.C.’) by means of which, the order dated 12.11.2008 passed by the Judicial Magistrate, Court No. 8, Allahabad on application No. 293/XII of 2008 (Smt. Baby v. Abdul Aziz and others) has been challenged.

2. By the impugned order, the application moved by Smt. Baby (Opposite party No. 2) under Section 156(3), Cr.P.C. has been allowed and S.O. P.S. Kareli (Allahabad) has been directed to investigate the case after lodging the F.I.R. on the basis of that application.

3. Heard Sri Shahabuddin, learned counsel for the applicants, learned A.G.A. for the State and perused the record.

4. At the outset, a preliminary objection has been raised by the learned AGA about maintainability of the application under Section 482, Cr.P.C. against the impugned order and it is contended by him that the order passed under Section 156(3), Cr.P.C. directing investigation of the case after registration of the


















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