RAM KRISHNA Vs. YUNUS

JUDGEMENT

(1.) THIS is a petition Under Section 482 of the Cr. PC praying that the order dated 9-6-1976 of the Chief Judicial Magistrate, Farrukhabad, directing the police to investigate into the allegations made in the complaint Under Section 156 (3) of the Cr. PC and either to submit a charge-sheet or a final report, be quashed.

(2.) THE relevant facts are that Yens, respondent No. 1 filed a complaint before the Magistrate concerned making allegations which make out an offence punishable Under Section 395 of the IPC The learned Magistrate instead of proceeding with the case himself after taking cognizance thereof passed the impugned order Under Section 156 (3) of the Cr. PC directing the police to investigate it as already mentioned.

(3.) IT was argued on behalf of the applicants that the learned Magistrate acted illegally as he had no option but to take cognizance of the case in view of the language of Section 190 of the Cr. PC In support of this view the attention of the Court, was drawn to the observations made by the Supreme Court in A. C. Agrawal v. Mst. Ram Kali The relevant observations are in para 12 wherein the Supreme Court hag observed (at p. 86 of 1968 Cri LJ) :