BAHADUR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Tufail Hasan learned counsel for the petitioner and learned A.G.A.

(2.) This petition is filed against the order dated 28.8.2004 passed by the learned Chief Judicial Magistrate, Firozabad whereby the application under Section 156(3) Cr.P.C. filed by the petitioner was treated as complaint and the police station concerned was not directed to register the case and investigate the same in exercise of the powers conferred under Section 156(3) Cr.P.C. and the order dated 27.11.2004 passed by the learned Additional Sessions Judge, Fast Tract Court No. 4, Firozabad, whereby the revision filed by the petitioner was dismissed.

(3.) It is contended by learned counsel for the petitioner that the impugned orders have not been passed in accordance with the provisions of law. The impugned orders are illegal because on the basis of the allegations made in the application under Section 156(3) Cr.P.C. a prima facie cognizable offence is made out, even then the learned C.J.M. has not directed the S.O. of police station concerned to register the case and investigate the same, but the application under Section 156(3) Cr.P.C. was illegally treated as a complaint. The learned revisional court has also not considered the manifest error committed by the learned Magistrate and dismissed the revision filed by the petitioner on 27.11.2004.