LAKHAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) COUNTER affidavit filed on behalf of the State today is taken on record. ?

(2.) HEARD learned counsel for the applicant and Smt. Madhulika Yadav, learned A.G.A. for the State. None has put his appearance on behalf of the opposite party no. 2, despite being served.

(3.) THE short controversy involved in this application under section 482 Cr.P.C. is that whether the learned Magistrate was legally justified in rejecting the application moved by the applicant under section 156(3) Cr.P.C. before him on the basis of the objection filed by the proposed accused before him at the pre cognizance stage.