Court No. - 92

Case :- APPLICATION U/S 482 No. - 10645 of 2009

Applicant :- Abdul Mazid

Opposite Party :- State of U.P.

Counsel for Applicant :- Vijay Singh Sengar

Counsel for Opposite Party :- Govt. Advocate

Hon'ble Sameer Jain,J.

Heard Sri Ajai Singh Sengar, Advocate holding

brief of Sri Vijay Singh Sengar, learned counsel

for the applicant and Sri J.P.Gupta, learned

AGA for the State and perused the record.

The prayer made in the present application is

to quash the order dated 10.2.2009 passed by

learned Special Judge (Dacoity), Orai, Jalaun in

Criminal Case No.7 of 2009.

Learned counsel for the applicant contended

that the applicant was an aggrieved person

and when no FIR was lodged at the concerned

Police Station, he filed an application under

Section 156(3) Cr.P.C.seeking a direction for

lodging the FIR against the guilty persons and

in spite of disclosure of cognizable offence, the

learned Magistrate dismissed his application

under Section 156(3) Cr.P.C. and thus

committed illegality and, therefore, the

impugned order dated 10.2.2009 is liable to be

quashed.

Per contra, learned AGA contended that the

learned Magistrate while passing the