MOLHU PRASAD Vs. STATE OF U.P.

JUDGEMENT

(1.) This revision has been preferred against the order dated 09.04.1990 passed by ACJM-I, Gorakhpur on application dated 03.08.1989 moved by the revisionist.

(2.) Brief facts are that on 03.08.1989, the revisionist moved an application before the lower court stating that on 18.07.1989 at about 05:00 A.M. wheh he was going to the railway station, the accused Sri Ram Gupta, Jai Ram Gupta S/o Munnilal resident of Nausad, P.S. Belipur came on motorcycle and robbed him Rs. 1500/- and an HMT wach on the point of knife. On his raising alarm, witnesses Paras Gupta S/o Basdev and Hari Nath S/o Shyam Sunder resident of Nausad P.S. Belipur reached on the spot.

(3.) The complainant submitted written report to the police but neither the FIR was registered nor any action was taken to apprehend the culprits. Consequently, he sent information to the S.S.P. through registered post. Since he was unable to file the complaint, he filed an application on 03.08.1989 requesting the court to give direction to S.H.O., Rajghat to register and investigate the case. On which, order was passed to the effect that SHO may enquire and register a FIR.