LAWS(SC)-2010-5-104

MONICA KUMAR Vs. STATE OF UTTAR PRADESH

Decided On May 11, 2010
MONICA KUMAR AND ANOTHER Appellant
V/S
State of Uttar Pradesh and others Respondents

JUDGEMENT

(1.) We have heard the learned counsel for the parties. Mr Prashant Bhushan, learned counsel for the petitioners has confined his relief to para 15 of the impugned judgment which reads as under:

(2.) The grievance of the petitioners is that despite all efforts the first information report of the incident dated 28-5-2009 could not be registered. The complaint letter dated 28-5-2009 written by the petitioners to the SSP, Noida, which is at p. 150 of the paper book, reads as under:

(3.) According to the learned counsel for the respondents, the appropriate application which the petitioners should have filed is the application under Section 156(3) of the Code of Criminal Procedure. At this stage, the learned counsel for the State of U.P. submitted that he has no objection if the matter is inquired into by a Judicial Magistrate.