- (1.) The matter was heard on 15-7-1998.
(2.) The petitioner has challenged an order dated 12-6-1998 recorded by the Addl. CJM, Meerut in Complaint Case No. 116 of 1998 and had prayed for quashing the order whereby the Magistrate had directed registration of an FIR and investigation.
(3.) The complaint/application was filed by onePradeep Kumar against the present applicant making allegations against certain police officials including the present applicant to the effect that they had unlawfully entered into the house of the complainant looted away his properties and had misbehaved with the womanfolk in the house. It was urged by the learned counsel for the applicant that the applicant is a responsible and honest police officer and, in fact, there had been an FIR in the concerned police station on 10-5-1998 for an offence under Section 394, IPC and actions were taken in an investigation into the allegations made in that FIR. It was argued that the Court below could not have directed registration of an FIR in exercise of its powers under Section 156(3), Cr.P.C. On this point reliance was placed on a Division Bench decision of the Punjab and Haryana High Court in the case of Ganesh Das v. State, as reported in 1996 Cri LJ 612.;