Heard the learned counsel for the petitioners and learned A.G.A. has put in appearance on behalf of the State, opposite party no.1.
This petition under Section 482 Cr.P.C. has been filed for quashing of the impugned order dated 13.01.2010 passed by the Learned Judicial Magistrate- Ist, Hardoi on an application moved under Section 156 (3) Cr.P.C. Learned Magistrate has directed the police station concerned to register F.I.R. and investigate the matter. This is an order passed at a pre-cognizance stage in furtherance of which in all probability the F.I.R. must have been registered by now. There is no positive assertion in respect of non-registration of the F.I.R. till today.
This petition is not maintainable either way. In case the F.I.R. has not been lodged then it cannot be said that any criminal proceeding is pending or the applicants/petitioners is an accused in any case, which is a condition precedent for exercising inherent powers of this Court. At the most petitioner can be termed merely a prospective accused and the impugned order is simply a peremptory reminder or intimation to the police to exercise their plenary powers under Section 156 Cr.P.C. in respect of cognizable offence. In other words it is merely a reminder to the police to perform its legal duty. In the second eventuality if the F.I.R. has already been registered then also the remedy lies elsewhere. In that case the F.I.R. can be challenged only before a Division Bench in view of the Full Bench decision of this Court in the case of Ram Lal Yadav Vs. State of U.P. and another, reported in 1989 (26) ACC page 181.
The learned counsel drew the attention of the Court towards various points mentioned in the petition but in the absence of any locus, this court feels handicapped in giving any consideration to those points.
In view of the facts and circumstances mentioned herein above, this petition under Section 482 Cr.P.C. is liable to be and is accordingly dismissed.
Order Date :- 29.1.2010 PAL/