BHUPENDRA SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the learned AGA.

(2.) Learned counsel for the respondent no. 2 is not present despite filing power on his behalf, whereas he has filed counter affidavit, which is on record.

(3.) In this petition under section 482 Cr.P.C. the question raised for consideration is whether the court of revision may set aside the order passed by the learned Magistrate rejecting the petition under section 156(3) of Code of Criminal Procedure (for short Cr.P.C) without giving opportunity of being heard to the proposed accused and the FIR sought to be lodged in pursuance of section 156(3) Cr.P.C.