BALWANT Vs. STATE OF U P

JUDGEMENT

(1.) POONAM Srivastava, J. Heard Sri Taha Bin Islam, learned Counsel for the applicant and learned AGA for the State.

(2.) THIS application has been filed challenging the order dated 30-5-2005 passed by learned Magistrate, Meerut and also order dated 17-6-2005 passed by the District Judge, Meerut in Criminal Revision No. 280 of 2005. An application under Section 156 (6) Cr. P. C. was moved before the learned Judicial Magistrate for direction to the police to register a case under Sections 420, 467, 468, 471, 120-B IPC, Police Station Civil Lines, District Meerut. The learned Magistrate rejected the said application on the ground that since in the case of Gulab Chand Upadhyay v. State of U. P. , 2002 (1) JIC 853 (All) : 2002 (44) ACC 670, this Court had ruled that the First Information Report can be registered on an application under Section 156 (3) Cr. P. C. in only three circumstances : (i) where a recovery has to be made in respect of the stolen article, (ii) the accused are not known and (iii) where the evidence is to be collected by holding an investigation. THIS order has been confirmed in revision.