PUSHPA Vs. STATE OF U P

JUDGEMENT

(1.) VINOD Prasad, J. The revisionist Smt. Pushpa has challenged the order dated 26-10-2006 passed by Upper Mukhya Nyayik Magistrate, Hapur Ghazibad in Criminal Miscellaneous case No. 2189 of 2006 (Pushpa v. Subodh Tyagi and Ors.) by which her application under Section 156 (3) Cr. P. C. was ordered to be registered as a complaint case instead of directing her F. I. R. to be registered.

(2.) THE narration of facts are that an application under Section 156 (3) Cr. P. C. was filed by Smt. Pushpa against Subodh Tyagi, Om Prakash Tyagi, Jagdish Tyagi and Sri Chandra in the Court of A. C. J. M. , Hapur on 3-10-2006 with the allegations that she is a pardanashin lady and the alleged accused persons were resident of her own village and they are criminals and history, sheeters, who indulge into abduction murder etc. Because of their illegal activity there is terror of the accused persons in the area.

(3.) WITH such allegations the revisionist had approached the Magistrate for getting her F. I. R. registered. The Magistrate refused to direct registration of a F. I. R. and treated her application as a complaint and directed her to lead evidence under Section 200 Cr. P. C. by passing the impugned, order, which has been assailed in the present revision.