KAMALUDDIN Vs. STATE OF U P
LAWS(ALL)-2004-12-91
HIGH COURT OF ALLAHABAD
Decided on December 08,2004

KAMALUDDIN Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

- (1.) R. C. Deepak, J. Heard learned Counsel for the applicant, learned A. G. A. and perused the record.
(2.) IT is contended by the learned counsel for the applicant that the application dated 25-5-2004 (Annexure-2) discloses the commission of cognizable offence. IT was obligatory on the part of the learned Magistrate to have directed for the registration of the case and to investigate but the learned Magistrate committed material illegality and refused to direct for the registration of the case vide his order dated 30-6-2004. Under the facts and circumstances of the case the order dated 30-6-2004 passed by the learned Magistrate is hereby set aside and he is directed to reconsider the prayer of the applicant and to direct for the registration of the case and to investigate. With these observations the application stands disposed. Application allowed. .;


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