MEERA DEVI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Salik Ram Tiwari, learned counsel for the petitioner and Sri , learned AGA.

(2.) IT appears that from the record that an application under Section 156(3) Cr.P.C. was moved on 28.08.2010 which was ultimately treated as complaint vide order dated 14.09.2011. Learned Magistrate observed that although prima facie cognizable offence is made but no investigation by other agencies is necessary. This very reason led this application to be treated as complaint.

(3.) LEARNED counsel for the petitioner submits that earlier Magistrate had found that no investigation is necessary and treated the application as complaint. Now after recording the statements under Sections 200 and 202 Cr.P.C. he has taken the view that the investigation by police is necessary. Further submission is that under Section 202(1) proviso this power was not available with the Magistrate. Section 202(1) Cr.P.C. prohibits any direction for investigation if the offence complained of is triable exclusively by the Court of Session. Relevant section is quoted below: