SABIR Vs. JASWANT

JUDGEMENT

(1.) Heard Sri Tejpal, learned counsel for the petitioner, Sri S. P. Tiwari and Sri Veer Singh, learned counsel for the respondents.

(2.) The petitioner moved an application under Section 156(3), Cr. P. C. for registration of the case and investigation against the respondents for offences under Sections 147, 148, 149, 302, I.P.C. The learned Magistrate has allowed the application on 25-6-2002 and directed the police to register the case and investigate. Against that order, the respondents preferred criminal revision No. 215 of 2002 before the Incharge Sessions Judge, Agra. The revision was put up before the Additional Sessions Judge, Agra, who has admitted it and stayed the operation of the order of the Magistrate. Aggrieved by it, the present petition has been preferred.

(3.) It has been argued by Sri Tejpal, learned counsel for the petitioner that the Magistrate passing the order under Section 156(3), Cr. P. C. is not a Court and therefore, the criminal revision under Section 397, Cr. P. C. is not maintainable. It has further been argued that the order is interlocutory and therefore, the revision does not lie as provided by Clause (2) of Section 397, Cr. P. C., that therefore, the learned Incharge Sessions Judge erred in admitting the revision and staying the operation of the order.