JAGAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) S. N. Saxena, J. Heard the learned counsel perused the judgment of the courts below.

(2.) THE only question involved is as to whether the Magistrate was under Section 156 (3) of the Code of Criminal Procedure, 1973 (Act II of 1974) not competent to order for registration of the case at the police station. THE learned Magistrate had on the basis of an application moved before him, ordered for registration and investigation of the case by the police under Section 156 (3), Cr. P. C. THE matter till then had not been reported to the police as no case had been registered there at the police station. THE learned Sessions Judge in the revision, preferred by the revisionists, had relied upon a Division Bench decision of this Court reported in 1993 (3) ACC 62-Suraj Mai v. State of U. P. , wherein the aforesaid question was considered at length and after relying upon a number of decisions of the Hon'ble Supreme Court, this Court had held that the Magistrate was competent to order for registration of the case at the police station.