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1997 Supreme(All) 147

KUNDAN SINGH
BRIJESH – Appellant
Versus
STATE OF U P – Respondent


Advocates Appeared:
ANIL KUMAR SINGH,

KUNDAN SINGH, J.

This is an applica tion for quashing the order dated 6-12-1996 passed by the Magistrate concerned in Misc. Case No. 123 of 1996 under Section 498-A, 304-B and 201 I. P. C. P. S. Tarwa district Azamgarh whereby the Magistrate issued direction to the Station Officer of the Police Station concerned to register and inves tigate the case.

2. It is asserted that Smt. Asha Devi wife of the applicant died on 21-11-1996 in the hospital due to her illness. Smt. Malti Devi, mother of the deceased moved an ap plication under Section 156 (3), Cr. P. C. before the Magistrate concerned on 2-12-1996 praying for a direction to the police to register and investigate the case. The sub mission of the learned counsel for the ap plicant is that the deceased died of her natural death, hence noprima facie case was made out against the applicant for the of fences as stated above. As such, the Magistrate concerned had no jurisdiction to direct the police to accept the F. I. R. and conduct investigation in the case. The ap plicant filed his objection in the case but the Magistrate ignored to consider his objec tion and denied an opportunity of hearing at the time of passing of the impugned o









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