ANGAD RAM Vs. STATE OF U P

JUDGEMENT

(1.) VINOD Prasad, J. Heard learned Counsel for the revisionist and the learned AGA.

(2.) IT is contended by learned Counsel for the revisionist that the delay has occasioned because of his fault hence it is condoned. Office of this Court is directed to allot a regular number to this revision. The revisionist is aggrieved by an order dated 7-8-2006 passed by District and Sessions Judge, Bhadohi, Gyanpur in Criminal Revision No. 51 of 2006 (Girija Shanker v. State of U. P. and Ors. ). The matter is that an application under Section 156 (3) Cr. P. C. was filed before Additional Chief Judicial Magistrate, Bhadohi as Criminal Case No. 113 of 2006 (Angad Ram v. Bholanath and Ors.) which was allowed on 27-7-2006 by directing the police to register FIR and investigate the same. The proposed accused challenged the said order in revision before the District and Sessions Judge, Bhadohi, Gyanpur in Criminal Revision No. 51 of 2006 (Girija Shanker v. State of U. P. and Ors. ). The Sessions Judge entertained the revision and vide impugned order dated 7-8-2006 allowed it and quash the order dated 27-7- 2006 passed by A. C. J. M. directing the police to register the case and investigate the same.

(3.) THE aforesaid matter had come up before this bench in Criminal Revision No. 5729 of 2006, Rakesh Puri and Anr. v. State, where in it has been held by this Court that the aforesaid order under Section 156 (3) is an interlocutory order and no revision is maintainable. Consequently the impugned order passed by Sessions Judge, Gyanpur is wholly illegal and without jurisdiction. It is set aside and the order passed by A. C. J. M. , Bhadohi on 27-7-2006 is hereby restored.