PRABHASH CHATURVEDI Vs. STATE OF U P

JUDGEMENT

(1.) THIS is an application under section 482 Cr. P. C. to quash the order dated 5. 11. 2007 passed by the learned Judicial Magistrate, Court No. 6, Mathura in Case no. 859/12/07, Prabhash Chaturvedi Vs. Laxmi Narain and others, police station Vrindavan district Mathura.

(2.) I have heard learned counsel for the applicant as well as the learned A. G. A. for the State at the stage of admission and I am deciding it on merits with the consent of the learned counsel for the parties.

(3.) THE facts relevant for disposal of this application are that the applicant had filed an application under section 156 (3) Cr. P. C. against the accused Laxmi Narain, Ras Bihari, Suresh Chand and Krishna Kumar Goel in respect of the alleged offences punishable under sections 323, 384, 386, 452, 504 and 506, I. P. C. The learned Magistrate after hearing the complainant-applicant was of the view that the names of the accused were mentioned in the application and no recovery was to be made by the police in this case and so there was no necessity to pass any order under section 156 (3) Cr. P. C. for investigation by the police. He, therefore, passed an order for registering it as complaint. Aggrieved with that order, the complainant filed this application under section 482 Cr. P. C.