- (1.) This petition has been filed on behalf of the Petitioners under Section 482 of the Code of Criminal Procedure praying to allow this petition and set aside the impugned order dated 1.12.2007, passed by the Chief Judicial Magistrate, Sultanpur.
(2.) Heard learned Counsel for the Petitioners and learned A.G.A. as well as perused the materials available on records.
(3.) Learned Counsel for the Petitioners has submitted that the impugned order passed by the learned Magistrate regarding registering and investigating the case was in a mechanical manner and without application of mind and without considering the report of the police sent to him under Section 157, Sub-section (2) of the Code of Criminal Procedure which has disclosed commission of no offence by the Petitioners. It is further contended that false allegations have been levelled by opposite party No. 2, that too at a high belated stage without explaining the delay, cannot make the ground for curtailing the personal liberty to the Petitioners, that too, because of the judicial order passed without application of mind. The Petitioners are innocent and it is the bad fortune of Petitioner No. 1 that all of a sudden his happy marital life has ended in such a cruel manner. It is further contended that deceased Sapana was pregnant, having the pregnancy of about five months and she herself said to her husband that it is not a good sign and something bad is going to happen and she became very emotional as she was ill also at that point of time on 22.10.2006. On the next day, she was to be taken to the hospital after making arrangement as per the advice of Dr. J. P. Singh, Physician, then deceased Sapana asked that she wanted to see her house again and only then she will go to hospital. Thereafter he could not take the decision and in order to consult his father, he alongwith his wife came back to his house and it was decided that on the next day Sapana will be admitted to hospital. Unfortunately, she died in the intervening night of 23rd and 24th October, 2006. However, the application under Section 156(3), Cr. P.C. was moved on false and frivolous grounds for the harassment of the Petitioners. It is further contended that prima facie cognizable offence was also not made out on the basis of the facts mentioned in the said application. However, the learned Magistrate has allowed the said application illegally and without application of mind. In support of his contentions, the learned Counsel for the Petitioners has relied upon the following decisions: 1. Shashikant v. Central Bureau of Investigation and Ors., 2007 1 SCC 630 2. Ram Babu Gupta v. State of U.P., 2001 2 AllCriR 1350 3. Ajai Malviya v. State of U.P., 2000 2 AllCriR 1778. 4. Sukhwasi v. State of U.P., 2008 1 AllCriR 170, by Hon'ble R. K. Rastogi, J. 5. Vimla Devi and Ors. v. State of U.P., 2007 1 AllCriR 21by Hon'ble R. K. Rastogi, J. 6. Order dated 10.7.2007 passed in Crl. Misc. Writ Petition No. 1823 of 2007, Shyam Chand alias Srichand and Ors. v. State of U.P. and Ors. Crl. Misc. Writ Petition No. 1823 of 2007. 7. Reference No. Nil of 2007 (Crl. Misc. Application No. 92 of 2007), Sukhwasi v. State of U.P. Reference No. Nil of 2007 (Crl. Misc. Application No. 92 of 2007), by a Division Bench consisting of Hon'ble R. C. Deepak and Hon'ble Barkat Ali, JJ., decided on 18th September, 2007.;