GULAB CHAND UPADHYAYA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The writ petitioner moved an application dated 23-8-2000 under Section 156 (3) Cr.P.C. before the Judicial Magistrate alleging that the respondents 4 to 6 herein had threatened and assaulted him, his wife and his brother, and had also damaged his property. It was alleged that the police had refused to register the FIR. It was prayed that a direction be issued by the Magis?trate to the police to register the FIR and investigate the case.

(2.) The Magistrate by his order dated 3-1-2001 directed that the application under section 156 (3) be registered in the Court as a criminal complaint and fixed 5-1-2001 for recording the statement of the complainant under Section 200 Cr.P.C.

(3.) Instead of giving evidence, as required by the Magistrate, the petitioner preferred a criminal revision against the order dated 3-1-2001, which has been dismissed by the District Judge by judgment dated 11-5-2001.