LAWS(ALL)-2006-12-47

VISHWESHWAR DAYAL PATHAK Vs. STATE OF U P

Decided On December 07, 2006
VISHWESHWAR DAYAL PATHAK Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) BARKAT Ali Zaidi, J. A case (Crime No. 1056-C of 2006) was registered on the order of the Chief Judicial Magistrate, Farrukhabad under Section 156 (3) Cr. P. C. on the allegation of one respondent Bhagwati Prasad Mishra that his daughter Upasana has been killed by her husband Bunty and his parents Vishambhar Dayal and Smt. Rajni.

(2.) THE accused-petitioners filed a Revision (No. 170 of 2006) before the Sessions Judge and mentioned in the revision application that the lady who is said to have been killed, is alive and is living with her paramour Mahesh son of Shiv Raj Singh in Village Achalpur within the jurisdiction of Police Station Bahjoi, District Moradabad and he also gave the address.

(3.) AS far as the order of the Sessions Judge, dismissing the revision for registering a case under Section 156 (3) Cr. P. C. is concerned, the petitioners have no case, and the Magistrate was not unjustified in ordering of registering a case when such serious allegations were made.