MUNISH CHANDRA SRIVASTAVA Vs. STATE OF U P

JUDGEMENT

(1.) VINOD Prasad, J. The application under Section 156 (3) Cr. P. C. was filed by the revisionist Munish Chandra Srivastava in the Court of J. M.-I, Basti on 5-12-2006 with the allegations that he is a practicing Advocate in District Basti and he is owner of plot No. 378 on which he and his brother are in opposition. The accused persons Sarjan Lal Srivastava alongwith other accused person Surendra Mohan Mishra came on the said plot on 21-11-2006 at 4 p. m. alongwith five or six unknown persons who were armed with fire-arms and forcebly put four electric pole on the said plot. When the applicant objected to the said installation of electric poles on his plot he was threatened in the witnessing of many other co-villagers. The applicant made a report to the police but no action was taken by it against the accused persons.

(2.) WITH such allegations, the applicant filed an application under Section 156 (3) Cr. P. C. , which was allowed by J. M.-I, Basti vide his order dated 14-12-2006. Against the said order, the accused persons filed the revision before the Sessions Judge, Basti which was allowed by the Sessions Judge, Basti by passing his impugned order dated 14-5-2007. Session's Judge Basti set aside the order for registration of FIR passed by the Magistrate concerned.

(3.) LEARNED AGA also could not support the fact that how the revision was maintainable before the learned Sessions Judge, Basti at the behest of those persons who were alleged to be an accused against whom the FIR was not yet registered. The matter has been exhaustively dealt with by this Bench in the case of Rakesh Puri and Anr. v. State of U. P. and Anr. , 2007 (1) ALJ 169.