SHANKAR AGARWAL Vs. CHIEF JUDICIAL MAGISTRATE

JUDGEMENT

(1.) Present revision under section 397 Cr. P.C. is directed against an order of the Chief Judicial Magistrate, Ballia, dated 15/9/1990. By the said order the Chief Judicial Magistrate, Ballia has directed the S.H.O. Kotwali to register a F.I.R of the applicant Shri Kashi Nath Misra against the District Magistrate and to investigate the case.

(2.) The facts in brief are that on 14/12/1989, Kashi Nath Misra filed an application in the court of Chief Judicial Officer, Ballia, alleging that the District Magistrate had felled trees in his compound and had sold them and as such the C.J.M. under section 156 (3) Cr. P.c. direct the S.H.O. Kotwali to register his F.I.R. and investigate the case. The Chief Judicial Magistrate called for a report from the S.S.P. Ballia and not being satisfied with his report he appointed Sri Chhotey Lal Verma, Advocate, as a Commissioner to submit his report. In his report Sri Chhotey Lal Verma submitted that certain branches of trees were lying in the compound of the District Magistrate and that due to non-co-operation from the Guards he could not submit his complete report. On the basis of the allegations made in the application of Sri Kashi Nath Misra, the C.J.M. passed an order under section 156(3) Cr. P. C. directing the S.H.O. Kotwali to lodge the First Information Report of Sri Kashi Nath Misra and investigate the case.

(3.) It is noteworthy that no complaint as contemplated under the provisions of Section 190 of Cr. P.C. was filed by Kashi Nath Misra in the Court of Chief Judicial Magistrate and merely an application was moved for seeking direction from the C.J.M. to order investigation under section 156(3) of the Code of Criminal Procedure. There was no complaint pending before the Chief Judicial Magistrate on the basis of which he could call for the police report.