RANJEET SINGH BISHT Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard learned counsels for the revisionists as well as the respondents.

(2.) This Criminal Revision has been filed under Section 397 read with Section 401 of Cr.P.C. challenging the order dated 9.8.2010 passed by the learned Sessions Judge, Chamoli in Criminal Revision No. 11/2010 Sidhi Lal Vs. State of Uttarakhand and others allowing the revision filed by respondent no.2 and dismissing the order dated 17.8.2009 passed by the learned Chief Judicial Magistrate, Chamoli in Misc. Criminal Case No. 23 of 2009 Sidhi Lal Vs. Ranjeet Singh and others whereby the application moved by respondent no. 2 under Section 156 (3) Cr.P.C. was rejected.

(3.) Brief facts of the case are that an application was moved by respondent no.2 before the Chief Judicial Magistrate, Chamoli under Section 156 (3) Cr.P.C. which was rejected vide order dated 17.8.2009 on the ground that there was a land dispute between the parties and the dispute was primarily a civil dispute in nature and no offence is made out against the revisionists in the present case. Against the said order dated 17.8.2009 a revision was filed before the Sessions Judge, Chamoli. The case made out before the Sessions Judge, Chamoli was that the Chief Judicial Magistrate, Chamoli was wrong while dismissing the application under Section 156 (3) Cr.P.C. because once such an application has been moved the only recourse for the Chief Judicial Magistrate was either to call for investigation and in case he feels that it is not a case fit enough for calling an investigation then he has to treat the application moved under Section 156 (3) as a complaint and proceed accordingly. However, the learned Chief Judicial Magistrate, Chamoli has not adopted the correct procedure of law and rejected the application submitted under Section 156 (3) Cr.P.C. On this legal position, the Sessions Judge, Chamoli has allowed the revision filed by respondent no.2 and set aside the order dated 17.8.2009 passed by the Chief Judicial Magistrate, Chamoli and directed the court below to proceed in accordance with law and pass appropriate order therein.