RAJU RASTOGI AND ORS. Vs. THE STATE OF U.P. THROUGH THE SECY. HOME DEPTT. CIVIL SECTT.
LAWS(ALL)-2010-9-395
HIGH COURT OF ALLAHABAD
Decided on September 01,2010

Raju Rastogi And Ors. Appellant
VERSUS
The State Of U.P. Through The Secy. Home Deptt. Civil Sectt. Respondents

JUDGEMENT

Raj Mani Chauhan, J. - (1.) SRI Suresh Chandra Shukla, Advocate puts in appearance on behalf of the Opposite Party No. 3 and files power on her behalf, which is taken on record.
(2.) HEARD learned Counsel for the petitioners, learned Additional Government Advocate for the State and learned Counsel for the Opposite Party No. 3 as well as perused the documents available on record. This Writ Petition under Article 226 of the Constitution of India has been filed by the petitioners for quashing the impugned order dated 23.8.2010 passed by the learned Sessions Judge, Barabanki in Criminal Revision No. 157 of 2010 and the impugned order dated 30.6.2010 passed by the learned Additional Chief Judicial Magistrate, Court No. 17, Barabanki in Misc. Appln. No. 184 of 2010.
(3.) FROM a perusal of the records, it appears that the Opposite Party No. 3 -Smt. Sangeeta who is the wife of the Petitioner No. 3 -Santosh Kumar Rastogi moved an application under Section 156(3) Cr.P.C. before the learned Additional Chief Judicial Magistrate, Court No. 17, Barabanki for direction to the S.O. of P.S. Kursi to register and investigate the case against the accused. The application was allowed by the learned Magistrate vide order dated 30.6.2010 with the observation that the allegations made in the application disclose the commission of cognizable offence. The accused, thereafter, preferred revision before the learned Sessions Judge, Barabanki. The learned Sessions Judge, Barabanki by reasoned judgment dated 23.8.2010 dismissed the revision.;


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