JAIBUN NISHA Vs. STATE OF U P

JUDGEMENT

(1.) S. H. A. Raza, J. Before the 1st Addi tional Chief Judicial Magistrate, Sultanpur, an application under Section 156 (3), was preferred by the petitioner alleging that the respondents 5 to 10 have com mitted offences but First Information Report was not registered at Police Station Kurwar, Sultanpur. The Magistrate Directed the Police to submit a report. The Station Officer reported that the allega tions were totally false. Thereafter, an ap plication preferred by the petitioner was rejected. The petitioner has two alterna tive remedies available to him, either to file a complaint under Section 200, Cr. P. C. or to file a revision before the Sessions Judge. Instead of available those alternative remedies, the petitioner has filed the writ petition before this Court.

(2.) SECTION 156 (3), Cr. P. C. provides that a Magistrate empowered under Sec tion 190 may order for making investiga tion of a case. It is not necessary for him to issue an order of investigation in each and every case before him. He will pass such an order where he thinks suitable on the basis of the allegations that the offences have been committed and the Police has not investigated the same property.