ANIL GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner, learned A.G.A. and perused the order passed by the Magistrate and also that of the revisional court.

(2.) THE petitioner moved an application under Section 156(3) Cr.P.C. for registration of the case and investigation for robbery and other sections of the Indian Penal Code. The said application was rejected by the Magistrate holding that the facts are known to the petitioner, hence the order for registration of the case cannot be passed. The revisional court also dismissed the revision taking shelter of the pronouncement of this Court in Gulab Chandra Upadhvava v. State of U.P., 2002 (1) ACR 644.

(3.) THUS the writ petition is allowed. The order dated 8.9.2005 passed by the Chief Metropolitan Magistrate, Kanpur Nagar and order dated 12.1.2006 passed by the Incharge Session Judge, Kanpur Nagar are hereby quashed. The matter is remanded back to the Chief Metropolitan Magistrate, Kanpur Nagar to reconsider the matter and see that if allegations make out cognizable offence, the court must pass a proper order on the application under Section 156(3) Cr.P.C.