RAMHIT Vs. STATE OF U P

JUDGEMENT

(1.) D. C. Srivastava, J. The short ques tion of law, involved for consideration in this petition under Section 482 Cr. PC. is whether a Magistrate in exercise of his powers under Section 156 (3) Cr. PC. is justified and authorised to direct the police to register a case and the F. I. R. and inves tigate the same in accordance with law.

(2.) IN this case Annexure No. 3 is the impugned order which shows that an ap plication under Section 156 (3) Cr. PC. was given to the C. J. M. Jaunpur. He examined the application and passed the following order which is translation of the Hindi order of the C. J. M. : "on the basis of facts, given in the applica tion, prima facie cognizable offence is made out. S. O. , P. S. Line Bazar is directed to register the case and investigate according to rules. "

(3.) LEARNED counsel for the petitioners referred to the case of Raghbir Singh v. State of Haryana, 1990 (1) Crimes 600. In this case it was held that the learned Magistrate in terras of Section 156 (3) of the Code of Criminal Procedure, 1973 can send the com plaint to Police for investigation and not for registration of the case.