- (1.) This application under Section 482 Cr.P.C. has been filed with the prayer to quash the impugned order dated 12.11.2014 passed by the Chief Judicial Magistrate, Orai at Jalaun in case crime no. 360 of 2014, under Sections 354, 504, 506 IPC and Section 3 (1) (10) SC/ST Act, Police Station Kotra, district Jalaun so far it relates to the adverse remarks and observations made against the applicant Om Prakash, Deputy Superintendent of Police and also to lodge an F.I.R. under Section 166-A IPC and impugned order dated 30.10.2015 passed by the Sessions Judge, Jalaun at Orai in Criminal Revision No. 193 of 2015. Further prayer has been made to stay the effect and operation of both the aforesaid orders.
(2.) Submission of learned counsel for the applicant is that he never committed any negligence or mistake during investigation. Concerned Magistrate while rejecting the final report illegally passed the adverse remarks against the applicant directing the superior authority to register criminal case against the applicant for the offence under Section 166-A IPC. It was further argued that the applicant is presently posted as Additional Superintendent of Police at Police Head Quarter at Lucknow. The revisional court also did not consider the true aspect of the matter and illegally rejected the application. It was further argued that the discretion to be exercised by any authority cannot be redireced to exercise the same by any other authority. It was next argued that notice had been issued to the informant to appear for recording evidence under Section 164 Cr.P.C. but he did not appear, therefore, evidence under Section 164 Cr.P.C. could not be recorded. Thus there was no negligence on the part of the applicant. Adverse remarks and the direction given against the applicant is illegal and is liable to be quashed.
(3.) In support of his submissions learned counsel placed reliance on the following cases of the Hon'ble Apex Court : 1. State of NCT of Delhi Vs. Sanjeev, 2005 5 SCC 181 2. Popular Muthiah Vs. State Represented By Inspector of Police,2006 STPL(LE) 37291. Learned A.G.A. opposed the submissions made by the learned counsel for the applicant.;