KRISHNA KUMAR TIWARI Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and the learned Additional Government Advocate for the opposite party.

(2.) THE order dated 6-7-2007, whereby the petitioner's application for investigation under Section 156(3) Cr.P.C. was rejected, and the revisional order dated 15-12-2008, whereby the revision was dismissed, both are under challenge in this petition.

(3.) THE petitioner's application under section 156(3) Cr. P.C. for demanding illegal gratification by the police, was rejected by the Magistrate concerned stating that the police has submitted the charge-sheet against the accused persons Ram Singh Misra and Pappu Misra, the named accused of the case. A revision filed against the order passed by the Magistrate, was dismissed on the ground that the Magistrate has power to reject the ap­plication under Section 156(3) Cr.P.C.