NANKAU SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard.

(2.) This petition under Sec. 482 of the Code of Criminal Procedure (hereinafter referred to as the 'Code') has been filed by the prospective accused for quashing the impugned order dated 08.10.2010 passed by the learned Additional Chief Judicial Magistrate-IV, Faizabad on the application moved by the complainant under Sec. 156 (3) of the Code. The learned Magistrate vide impugned order has allowed the application moved by the complainant under Sec. 156 (3) of the Code and directed the Station House Officer of the Police Station concerned to register and investigate the case.

(3.) Mr. Rajendra Kumar Dwivedi, learned Additional Government Advocate puts in appearance on behalf of the State and raised a preliminary objection that this petition under Sec. 482 of the Code is not maintainable on the ground that in this case the F.I.R. has not been lodged against the petitioner, therefore, it cannot be said that any criminal proceeding is pending against the petitioner.