GOPAL Vs. STATE OF U P

JUDGEMENT

(1.) By means of this petition under Section 482, Cr.P.C the petitioner is challenging the order dated 27.11.2009 passed by Chief Judicial Magistrate, Meerut whereby the application of the petitioner filed under Section 156(3), Cr.P.C. praying that a first information report be lodged under Section 498A.-304B, 201,I.PC. and Section 3/4, Dowry Prohibition Act and the police may then be directed to investigate the matter, has been rejected.

(2.) I have heard Sri Brahm Singh along with Sri Susheel Kumar Tewari, learned counsel for the petitioner as well as learned Additional Government Advocate appearing for the State-respondent and have perused the record. With consent of the learned counsel for the parties this petition is being disposed of at this stage without calling for a counter affidavit.

(3.) The case of the petitioner is that since the first information report was not being lodged by the police concerned even after an application in this regard was given to the Senior Superintendent of Police, Meerut on 22.10.2009, the petitioner filed an application under Section 156(3), Cr.P.C. on 30.10.2009 before the Chief Judicial Magistrate, Meerut for registering his first information report. On the said application the Chief Judicial Magistrate called for a report from the police station. In turn, the police submitted a report that the daughter of the petitioner had died because of illness and thus no case under Sections 498-A, 304-B and 201,I.P.C. and section 3/4, Dowry Prohibition Act was made out.