RAM CHANDRA SHUKLA Vs. STATE OF U P

JUDGEMENT

(1.) N. B. Asthana, J. This revision has been directed against the order dated 8-2-1995 passed by 1st Addl. Chief Judicial Magistrate, Kanpur Dehat in Criminal Misc. Application No. 195 of 1995 under Section 153 (3), Cr. P. C. directing the police to register a case, investigate it and then proceed in the matter in accordance with law.

(2.) I have heard the learned counsel for the revisionist and the learned A. G. A.

(3.) THE aforesaid section only lays down that no cognizance shall be taken of an offence punishable under that Act except on a complaint made by the Registrar or any other person authorised in writing by him by general or special order in that behalf. This section does not curtail and cannot curtail the power of a Judicial Magistrate to pass order under Section 156 (3j, Cr. P. C. However, before taking cognizance of the matter, the Magistrate will take into consideration the provisions of Section 28 of the Societies Registration Act, 1860 and in case it is found that the cognizance cannot be taken except upon a complaint made by the Registrar, the Magistrate could not be entitled to proceed further in the matter unless the sanction of the Registrar is forth coming.