LAWS(ALL)-2021-1-33

BIJENDRA SINGH Vs. STATE OF U.P.

Decided On January 25, 2021
BIJENDRA SINGH Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) The instant revision has been filed for setting aside the order dated 16.12.2020 passed by Chief Judicial Magistrate, Buland Shahr, in Case No. 2145 of 2020, Computer Case No. 1800 of 2020, (Bijendra Vs. Rakesh and others), under Sections 452, 323, 504, 506, 392, 343, 166 of IPC, Police Station Khurja Nagar, District Buland Shahar, whereby the said court has treated the application under Section 156(3) Cr.P.C. as a complaint.

(2.) Heard learned counsel for revisionist and learned AGA for State.

(3.) It has been argued by learned counsel for revisionist that revisionist has filed an application under Section 156(3) Cr.P.C., which discloses commission of cognizable offence but despite that the said application has been registered as a complaint case and that prayer for investigation by police was declined. Learned counsel submitted that there were allegations against private respondents that they outraged modesty of one Lajja Rani and snatched her golden chain and that this version is supported by CCTV footage of the same. It was necessary that investigation be conducted by police. Learned counsel submitted that impugned order dated 16.12.2020, by which the application of revisionist under Section 156(3) Cr.P.C. has been registered as a complaint case, is against law and thus, liable to be set aside.