Court No. - 45
Case :- MATTERS UNDER ARTICLE 227 No. - 4949 of 2019 Petitioner :- Kamal Kishor Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ankit Kumar Sahu Counsel for Respondent :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the petitioner and learned A.G.A.
This instant petition has been filed to stay/quash the order dated 27.3.2019, passed by Chief Judicial Magistrate, Ghaziabad arising out of Case No.304 of 2019 (Kamal Kishor Vs. Naeem and others), under Section 156(3) Cr.P.C, P.S. Modinagar, District Ghaziabad whereby, application of the petitioner under Section 156(3) Cr.P.C. has been rejected.
It is urged by learned counsel for the petitioner that on 19.5.2016, deceased/son of the petitioner had gone out of the house along with the respondent nos.3 and 4 and thereafter had not returned. After some time, he was informed by unknown person that his son had died in an accident. It is further urged that post mortem of the deceased was conducted as unknown by Thana Modinagar.
It is noted in the impugned order that the petitioner on mere apprehension seeks registration of an FIR against the respondent nos.3 and 4 alleged to have accompanied the deceased, whereas, as per his own case, the deceased met an accident and his body was found on the railway track. The post mortem of unknown was got done by the police.
Learned counsel for the petitioner has failed to point out any illegality, infirmity or jurisdictional error in the impugned order.
The petition being devoid of merit is accordingly, dismissed.
Order Date :- 27.6.2019 Vivek Kr.