- (1.) Heard Sri R.B.S. Rathaur, learned counsel for the petitioners, Sri Anurag Verma, learned Additional Government Advocate for opposite parties no. 1 and 2 and perused the record.
(2.) Facts, in brief, of the present case are that on 9.12.2015 an election for the post of Gram Pradhan in Gram Panchayat Rai Askaranpur, Block Babaganj, District Pratahpgarh was held in which 'Bhabhi' of petitioner no.1, namely, Smt. Pushpa Singh contested for the said post . In the said matter certain controversy has taken place so opposite party no.3 moved an application under Section 156(3) Cr.P.C. in the Court of Additional Chief Judicial Magistrate, Kunda, Pratapgarh, registered as Criminal Case no.6 of 2016 (Ajai Pratap Singh Vs. Pappu and others), allowed by order dated 23.1.2016 under challenge in the present writ petition.
(3.) Sri Anuraj Verma , learned Additional Government Advocate appearing on behalf of opposite parties no.1 and 2 raised a preliminary objection that as in the present case by an order dated 23.1.2016 Additional Chief Magistrate Kunda Pratapgarh on the application under Section 156(3) Cr.P.C. has directed the police authorities to register and investigate the case, so keeping in view of the law laid down by this Court in the case of Gurbachan Singh and others Vs. State of U.P. and others, 2008 2 AllCriR 1950 petitioners being prospective accused have no right to challenge the said order as such the present writ petition liable to be dismissed.;