MAHENDRA PATEL Vs. STATE OF U P

JUDGEMENT

(1.) The present writ petition has been filed seeking the quashing of impugned order dated 22.10.2013 passed by the Sessions Judge, Varanasi in revision No.343 of 2013 whereby it has refused to interfere in the order dated 05.10.2013 passed by A.C.J.M., 4th Varanasi.

(2.) Heard learned counsel for petitioner and learned A.G.A. Record, including the impugned orders has been perused.

(3.) The contention of counsel for the petitioner is that the facts and circumstances of the case are such that an investigation into the case was incumbent and the offences committed by the respondents could have been unearthed and the proper evidence against them could have been collected only through a proper police investigation. Submission is that the order passed by Additional Chief Judicial Magistrate whereby he has refused to order the registration of the First Information Report is bad in the eyes of law as the discretion has not been properly exercised. It has also been submitted that the Court of revision has also passed an illegal order in as much as it held the revision to be non maintainable.