The High Court dismissed the petition seeking a stay on orders refusing to initiate criminal investigation under Section 156(3) Cr.P.C., holding no grounds for staying the effect and operation.
None; petitioner informed he may file a complaint under Chapter XV Cr.P.C.
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Court No. - 52
Case :- MATTERS UNDER ARTICLE 227 No. - 1473 of 2018
Petitioner :- Ashok Kumar Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Sanjay Kumar Srivastava,Chandra Prakash Kushwaha
Counsel for Respondent :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the petitioner, learned AGA for the State and perused the record.
Present petition has been filed by the petitioner with the prayer to stay the effect and operation of the order dated 28.9.2017 passed by Session Judge, Banda in Criminal Revision No.148 of 2017 (Ashok Kumar Vs. Dinesh Kumar and others) and the order dated 15.4.2017 passed by Chief Judicial Magistrate, Banda in Misc. Case No.104 of 2017, whereby the application under Section 156(3) Cr.P.C. has been dismissed.
No ground to stay the effect and operation of the order dated 28.9.2017, is made out.
The instant petition is dismissed.
However, it is open for the petitioner to institute a complaint as provided under Chapter XV of the Code of Criminal Procedure.
Order Date :- 14.3.2018 Hasnain
1 issue framed by the court
Whether grounds exist to stay the order dismissing the application under Section 156(3) Cr.P.C.
2 provisions across 1 enactments
Ashok Kumar
State Of U.P.
Rajul Bhargava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
