- (1.) COUNTER affidavit filed on behalf of the State today is taken on record. ?
(2.) HEARD learned counsel for the applicant and Smt. Madhulika Yadav, learned A.G.A. for the State. None has put his appearance on behalf of the opposite party no. 2, despite being served.
(3.) THE short controversy involved in this application under section 482 Cr.P.C. is that whether the learned Magistrate was legally justified in rejecting the application moved by the applicant under section 156(3) Cr.P.C. before him on the basis of the objection filed by the proposed accused before him at the pre cognizance stage. Learned counsel for the applicant submitted that the proposed accused has no right of hearing at the stage of making an order under section 156(3) Cr.P.C. or during the stage of investigation until court took cognizance and issued process. In support of his contention he has placed reliance on Karan Singh and others vs. State of U.P. and others,1997 34 ACC 163, Abdul Aziz and others vs. State of U.P. and others, 2009 CrLJ 1683 and Father Thomas versus State of U.P. and another, 2011 2 AllLJ 217.;