Heard Mr. Dave, learned advocate for applicant and Mr. Kodekar, learned APP.
In present petition, the applicant has prayed that:-
10(B)Your Lordships further be pleased to direct the respondent nos. 2 and 3 to register the FIR of the petitioner against the accused mentioned therein for the offences punishable under sections 362, 364, 364(A), 365, 142, 143, 147, 149, 341, 342, 506(2), 346, 347, 348, 385, 387, 392, 465, 120(B) and 34 of the Indian Penal Code.
The learned counsel for applicant has also made reference of the order dated 30.10.2012 passed by the learned Chief Judicial Magistrate.
In backdrop of facts and circumstances of the case, and in particular, in light of the said order dated 30.10.2012, learned counsel for applicant submitted that despite the said order the police has not registered the FIR.
Learned counsel for applicant relied on the decisions of Hon ble Apex Court in cases of Gopal Das Sindhi & Ors. v. State of Assam & Anr., [AIR 1961 SC 986], State of Haryana & Ors. v. Ch.Bhajan Lal & Ors. [AIR 1992 SC 604], Lalita Kumari v. Government of Uttar Pradesh & Ors. [(2008) 7 SCC 164] and Lalita Kumari v. Government of Uttar Pradesh & Ors. [(2011) 11 SCC 331].
Having regard to the facts and circumstances of the case and the relief prayed for in the petition, Rule returnable on 26th December 2012.
(K.M.THAKER, J.) Jani Page 2 of 2