BRIJ LAL BHAR Vs. STATE OF U P

JUDGEMENT

(1.) This revision has been preferred by the revisionist Brij Lal Bhar being aggrieved from the order dated 17-11-2005 passed by the learned A.C.J.M. I Jaunpur in case No. Nil of 2005 whereby application under section 155(2) Cr.P.C. has been rejected.

(2.) The facts of this case, in brief, are that the revisionist Brij Lal Bhar lodged a non cognizable report (N.C.R.) No. 78 of 2005 on 27-10-2005 at P.S. Newarhia, district Jaunpur, in respect of the offence which was committed on 26-10-2005. In the said incident the revisionist was assaulted and received injuries, he was medically examined on 26-10-2000 at 6.15 p.m., as per medical examination report he has received three injuries, Injury No. 1 was contusion of left side of the face. Injury No. 2 was contusion on the left side of the chest and injury No.3 was complaint of pain of the left hip joint. All the injuries caused by hard and blunt object. Injury No. 1 was simple in nature and injury No. 2 was kept under observation and advised for x-ray. The injury was x-rayed at the district hospital Jaunpur on 28-10-2005, according to the x-ray report a fracture of 9th rib of left side chest was found. After obtaining the x-ray report revisionist went to the police station concerned on 30-10-2005 and handed over the x-ray report to the station officer of police station concerned and made a request to register the case as a cognizable offence and investigate the same but after receiving the x-ray report no action was taken by the Station Officer of P.S. Newarhia, thereafter the revisionist filed an application under section 155(2) Cr.P.C. in the court of learned A.C.J.M.I Jaunpur with the prayer that the order may be passed to investigate N.C.R. No 78 of 2005, but the same has been rejected by the learned A.C.J.M. I Jaunpur, on 17-11-2005, being aggrieved by order dated 17-1 1-2005 the revisionist has filed the instant revision.

(3.) Heard Sri Rajesh Kumar Singh, learned counsel for the revisionist and the learned A.G.A.