TARA DEVI Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD Mr. Dev Kumar Tripathi, learned Counsel for the petitioner as well as Mr. Rajendra Kumar Dwivedi, learned Addi­tional Government Advocate for the State. The petitioner has challenged the order dated 18th of June, 2010 passed by the Judi­cial Magistrate, Pratapgarh in Miscellaneous Case No. 51 of 2010 treating the application moved under section 156(3) of the Code of Criminal Procedure as a Complaint Case. Upon perusal of the complaint, I find that there is an allegation of rape, which requires the medical examination of the victim also under section 164-A of the Code of Criminal Procedure.

(2.) SECTION 202 of the Code of Criminal Procedure empowers the Magistrate to di­rect an investigation to be made by a police officer provided that no such direction for investigation shall be made where it ap­pears to the Magistrate that the offence complained of is triable exclusively by the Court of Session.