SHAKUNTALA DEVI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD the learned counsel for the revisionist, learned A.G.A. and perused the record.

(2.) THE instant revision has been filed by the revisionist who is the complainant whose application under Section 156 (3) Cr.P.C. dated 8.11.2011 moved before the Additional Chief Judicial Magistrate, Court No.12, Azamgarh has been rejected by order dated 24.11.2011.

(3.) THE learned Magistrate has treated the application under Section 156 (3) Cr.P.C. as complaint and may inquire into the matter after recording the statement under Sections 200 and 202 Cr.P.C. In view of the decision of the Hon'ble Apex Court in the case of Sakiri Basu Vs. State of Bihar, 2008 (60) ACC 689 THE Hon'ble Apex Court has deprecated the practice of rushing to the High Court to file petitions when alternative remedy is available in case an application under Section 156 (3) Cr.P.C. is rejected.