NAYYAR ALAM Vs. STATE OF U.P.

JUDGEMENT

(1.) The instant application under Section 482 Cr.P.C. has been filed for quashing the order dated 20.01.2020 passed by A.C.J.M., 1st, Jaunpur in Criminal Misc. Case No. 403 of 2019 (Naiyyar Alam Vs. Irshad Ahmad), whereby the said court has treated the application under Section 156(3) Cr.P.C. as a complaint.

(2.) Heard learned counsel for applicants and learned AGA for State.

(3.) It has been argued by learned counsel for applicants that applicant has filed an application under Section 156(3) Cr.P.C. against opposite party no.2, 3 as well as 11 other persons but the prayer for investigation was declined by the court below and the said application has been registered as a complaint case. It was submitted that the allegations made in application under Section 156(3) Cr.P.C. discloses commission of cognizable offence. There were allegations that forged affidavits were filed on behalf of six persons before the S.D.M., Shahganj regarding fair price shop of Irshad Ahmad and thus, investigation by police is necessary. Learned counsel submitted that impugned order is against law and thus, liable to be set aside.