In the case of the beating of lawyers in Mohanlalganj, the Lucknow Bench of the Allahabad High Court granted liberty to the petitioners (Victim lawyers) to file an application in the lower court for registration of an FIR against the policemen involved in the case and also said that during the hearing on the application, only the advocates of the petitioners will go to the courtroom.
The Court has also ordered to present the general diary of Mohanlalganj police station on the next hearing.
The Division Bench of Justice Devendra Kumar Upadhyaya and Justice Narendra Kumar Johari passed this order while hearing a petition filed by Arun Kumar Ojha and Another.
A Senior Advocate representing the petitioners has submitted that though the petitioners have also been attempting to lodge the FIR, however the police authorities of the police station concerned are not paying any heed to the prayer of the petitioners for lodging the FIR.
The Court said that, in such circumstances, it is needless to say that it is always open to the petitioners to approach the Magistrate concerned by way of moving an application under Section 156 (3) CrPC. In case any such application is moved the Magistrate concerned shall consider and decide the same, with expedition.
“We, however, clearly and categorically observe that in case the petitioners move any application under Section 156 (3) CrPC, they shall be accompanied to the court of the Magistrate concerned only by their lawyer and not by any bunch of lawyers.
This order has been passed in the presence of Paresh Mishra, Member of the Bar Council, who assures the Court that on the date when any such application is moved before the Magistrate concerned, no ruckus or any disorderliness shall be created in the court premises”, the Court further said.
“Interim order granted earlier shall continue to operate till the next date of listing.
Let the rejoinder affidavit be filed by the petitioners within a week. List this case on 17th January 2023.
In the meantime, the Government Advocate shall file a general diary of the relevant dates and time on affidavit”, the Court ordered.