The High Court of Allahabad refused to quash the entire proceedings of the case, Naresh Giri v Ayyub and others, and had dismissed the application as it lacked enough merit.
Background of the Case
On 1st February 2020, around 10 am during the medical examination on the pretext of police, five people were injured. However, after the hearing of the full incident and some compromise, the case filed at the Court of Chief Magistrate, Baghpat had dismissed the application as the offence was of no nature of any investigation because every fact was under the knowledge of the applicant’s narration of the incident and the same was registered as a complaint case.
Submissions at the Court
The learned counsel for the applicant had stated that five (5) people were injured and following the same, an application was moved to register and investigate the case further under Section 156 (3) in the Court of Chief Judicial Magistrate, Baghpat. However, the magistrate had treated it as a complaint case.
So, the present application was filed under the Section 482 (Saving of inherent powers of High Court) of CrPC to quash the impugned order dated 28th July 2020, passed by Chief Judicial Magistrate, Baghpat of the case, Naresh Giri V. Ayyub and others which was filed under Section 156 (3) (Any Magistrate empowered under Section 190 (Cognizance of offences by Magistrates) may order the police officer to investigate a cognizable case) of CrPC.
Nevertheless, the learned Additional Government Advocate (AGA) had opposed the same.
In view of the above submissions at the Court, the bench of the learned Judge Kamarjahan had refused to quash the aforesaid impugned order of the case, Naresh Giri v. Ayyub and others and had dismissed the application due to its lack of merit.
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