BRIJESH Vs. STATE OF U P

JUDGEMENT

(1.) KUNDAN Singh, J. This is an applica tion for quashing the order dated 6-12-1996 passed by the Magistrate concerned in Misc. Case No. 123 of 1996 under Section 498-A, 304-B and 201 I. P. C. P. S. Tarwa district Azamgarh whereby the Magistrate issued direction to the Station Officer of the Police Station concerned to register and inves tigate the case.

(2.) IT is asserted that Smt. Asha Devi wife of the applicant died on 21-11-1996 in the hospital due to her illness. Smt. Malti Devi, mother of the deceased moved an ap plication under Section 156 (3), Cr. P. C. before the Magistrate concerned on 2-12-1996 praying for a direction to the police to register and investigate the case. The sub mission of the learned counsel for the ap plicant is that the deceased died of her natural death, hence noprima facie case was made out against the applicant for the of fences as stated above. As such, the Magistrate concerned had no jurisdiction to direct the police to accept the F. I. R. and conduct investigation in the case. The ap plicant filed his objection in the case but the Magistrate ignored to consider his objec tion and denied an opportunity of hearing at the time of passing of the impugned order.

(3.) SO far as the second contention of the learned counsel for the applicant that the applicant was not afforded opportunity of hearing before passing the impugned order is concerned, the Magistrate is not required under any provision of law to afford an opportunity of hearing to a proposed or alleged offender before the cognisance of the offence is taken of the case is registered, as such he has committed no illegality in ignoring the objection raised by the applicant before he passed the order directing the police to register the case against the applicant.