ANISA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The opposite party No. 2 moved an application under Section 156(3), Cr.P.C. before the Additional Chief Judicial Magistrate, Khurja to direct the police of police station Poham to register the case for offences under Sections 323, 498-A, I.P.C. and 3/4 D. P. Act against the applicants. That application was rejected by Additional Chief Judicial Magistrate. Khurja by order dated 28-8-1999. The opposite party No. 2 preferred Criminal Revision No. 458 of 1999 against that order, which have been allowed by the Sessions Judge, Bulandshahr by order dated 17-12-1999. Against that order the present revision has been preferred by the accused nominated in the F.I.R.

(2.) I have heard Sri Sunil Kumar, learned counsel for the applicants, Sri R. P. Singh for the opposite party No. 2 and the learned A.G.A.

(3.) It has been contended by the learned counsel for the applicants that the order of the Sessions Judge, Bulandshahr is without jurisdiction. Section 156, Cr. P. C. is in Chapter XII which relates to information to the police and their powers to investigate. Section 156, Cr. P. C. deals with police officer's powers to investigate cognizable case. Clause (3) of Section 156, Cr. P. C. reads as follows :"Any Magistrate empowered under Section 190 may order such an investigation as mentioned above."