MAKHOLI Vs. STATE OF U.P

JUDGEMENT

(1.) Heard Sri Ashok Kumar Dubey, learned counsel for the applicants, learned A.G.A. and perused the record.

(2.) This application under Section 482 Cr.P.C. has been preferred with the prayer to quash the impugned order dated 08.01.2015, passed by Additional Chief Judicial Magistrate, Court No. 9, Allahabad, in Case No. 18 of 2015 (Jai Prakash Tiwari vs. Makholi and others), under Section 156(3) Cr.P.C, Police Station Meja, District Allahabad by which the learned court below has directed that the aforesaid complaint be registered as complaint case.

(3.) Learned counsel for the applicants has submitted that this application was given as a counter blast to one first information report lodged on the side of applicants. It has further been submitted that the application filed by opposite party no. 2 was not supported with any affidavit, whereas under the law it needs to be supported with affidavit and, therefore, there is misuse and abuse of the power of the court and the order is liable to be set aside. In support of the said argument, learned counsel for the applicants has placed reliance upon the judgment of the Supreme Court in the case of Priyanka Srivastava and Another vs. State of Uttar Pradesh and Others, (2015) 6 Supreme Court Cases 287, wherein it has been held as under :-