SURAJ MAL Vs. STATE OF U P

JUDGEMENT

(1.) R. R. K. Trivedi, J. We have heard learned Counsel for the petitioners and learned Standing Counsel.

(2.) IN this petition, petitioners have questioned the legality of the order dated 29. 7. 1992 passed by Judicial Magistrate, Roorkee, by which he was directed the S. H. O. Jhabrera, district Hardwar to register a case under Sees. 167/218/219/466/467/468/471/477-A/474 read with Section 120-B, I. P. C. and to investigate the offences and to submit his report to the Court. This order has been passed by the learned Magistrate under Section 156 (3) of the Code of Criminal Procedure (hereinafter referred to as the Code ).

(3.) LEARNED Counsel for the petitioner has also relied on a Full Bench judgement of this Court Ram Lal Yadav v. State of U. P. 1989 (26) ACC181. It has been further submitted that learned Magistrate was net justified in recording a finding after noticing the state ment of the complainant, respondent No. 2, as no statement on oath was recorded.