SHIV PRAKASH GUPTA Vs. STATE

JUDGEMENT

(1.) THE petitioner has challenged the order dated 28th of October, 2010 passed by the learned Additional Sessions Judge, Court No. 5, Fai-zabad in Criminal Revision No. 112/2010 on the petitioner's revision moved against the order dated 16th of June, 2010 passed by the Additional Chief Judicial Magistrate III, Fai-zabad dismissing the application of the peti ­tioner under section 156 (3) Cr.P.C. Mr. Rajendra Kumar Dwivedi, learned A.G.A. raised objection against the maintainability of the writ petition on the ground that it is an absolutely discretion ­ary power of the learned Magistrate to en ­tertain the application under section 156 (3) Cr.P.C. or not. He also cited several deci ­sions on this point, one of them is the case of Mohammad Asrar v. State of U.P.1

(2.) UPON perusal of the record as well as aforesaid judgment, I find force in the objection raised by learned A.G.A., there ­fore, the petition is dismissed. However, the petitioner is at liberty to lodge the complaint before the learned Magistrate concerned, who shall consider the same and pass an appropriate order. Order Accordingly.