RINKESH SINGH Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the applicant and the learned A.G.A for the State, An application was moved by the applicant under Section 156 (3) Cr.P.C. before the Special Judge (D.A.A.), Kanpur Dehat alleging that on 26.04.2009 while the applicant alongwith his family members was harvesting his crop, the 28 accused persons armed with weapons came to the applicant's field and started beating the applicant and after gagging the applicant's mother broke open the lock of the applicant's house and took away the harvested crops stored in the applicant's house alongwith Rs. 50,000/- cash and jewellery of the applicant's mother. It was alleged that the police had refused to register the F.I.R. It was prayed that direction be issued by the magistrate to register the F.I.R. and investigate the case. The court below by the impugned order dated 27.07.2009 directed that the application under Section 156 (3) be registered in the court as a criminal complaint and fixed on 13.08.2004 for recording statement of the complainant under Section 200 Cr.P.C.

(2.) INSTEAD of giving evidence as required by the court below the applicant preferred the instant application under Section 482 Cr.P.C. before this Court against the impugned order, submitting that the court below was not right in directing the procedure of a complaint case to be adopted and that he should have directed the police to register and investigate the case.

(3.) AFTER having considered the submissions made on behalf of the parties and perused the record, I see no reason to take take a different view.