SHAKILA BANO Vs. STATE OF U P

JUDGEMENT

(1.) AMAR Saran, J. Heard learned Counsel for the applicants and the learned AGA.

(2.) LEARNED A. G. A. concedes that no useful purpose would be served in issu ing notice to the opposite party No. 2, as it would only lead to delay of disposal of this application and prays that the application may be decided at this stage after hearing learned Counsel for the applicants and State.

(3.) THAT is if the complainant who gives the information in writing is a public servant, who is acting in discharge of its official duties, it may not be necessary to examine the complainant and the witnesses and the Magistrate may pass an order under Section 190 (1 ) (a) of the Code of Criminal Procedure taking cogni zance of the case instead of Section 190 (1 ) (b), Cr. P. C.