INDRADEV Vs. STATE OF U P

JUDGEMENT

(1.) M. Chaudhary, J. Learned AGA takes notice on behalf of opposite party No. 1 State. Heard the revisionist's learned Counsel and learned AGA as well.

(2.) THIS revision has been filed by the applicant revisionist from order dated 18th July, 2006 passed by Additional Sessions Judge, Court No. 3 Basti in Criminal Revision No. 138 of 2006, Ram Surat & Anr. v. State of U. P. & Ors. Learned Additional Sessions Judge allowed the revision and set aside the order dated 20th February, 2006 passed by III Additional Chief Judicial Magistrate Basti on application moved by Indradev under Section 156 (3) of the Code of Criminal Procedure ordering the Station Officer of the police station concerned to register the case and investigate the same. A perusal of the orders passed by the Revisional Court and the Magistrate as well goes to show that allegations made in the application prima facie disclose commission of cognizable offence. Since the learned ACJM passed order only for registering the case and investigate the same accused Ram Surat and Shobha Ram had no locus standi to file the revision. Hence the impugned order dated 18-7-2006 passed by Additional Sessions Judge Court No. 3 Basti is hereby set aside. Order passed by III ACJM Basti on 20-2-2006 on the application made by Indradev under Section 156 (3) Cr. P. C. is revived.