Toni Kalra vs State Of U.P. & Another

Heard the learned counsel for the applicant and learned AGA. On the question as to whether FIR against the accused should be registered or not, the accused cannot be heard. The accused does not come up in picture at that stage. It is only when the FIR has been registered, he gets right to challenge the same, that too before appropriate forum under Article 226 of the Constitution of India.

It will be travesty of law to allow accused to be heard on the question as to whether a FIR should be registered or not.

This application is bereft of merit and is dismissed.

Order Date :- 28.6.2010 vinay