RAM NARAYAN Vs. STATE OF U P

JUDGEMENT

(1.) Whether permission under Section 155(2) of the Code of Criminal Procedure (in short 'the Cr.P.C) to investigate the case can be granted by the Magistrate on the basis of the application of complainant or other aggrieved person", is the main legal question that falls for consideration in this proceeding under Section 482, Cr.P.C. by means of which prayer to quash the order dated 4.12.2007 passed by Judicial Magistrate/Additional Civil Judge (Jr. Div.) Tilhar, Shahjahanpur, in Crl. Case No. 154 of 2007, arising out of NCR No. 114 of 2006, under Sections 323,504, IPC, P.S. Madanapur, District Shahjahanpur as well as order dated 03.06.2009 passed by Additional Session Judge/Spl. Judge (E.C. Act), Shahjahanpur, in Crl. Revision No. 29 of 2009 (Ram Narayan and others v. State of U.P. and another), have been made.

(2.) Heard Sri P.K. Dubey, learned counsel for the applicant and A.G.A. for the State.

(3.) From the record, it transpires that NCR No. 114 of 2006, under Sections, 323,504, IPC was registered on the basis of the report made by Deena Nath, s/o Dharam (O.P. No. 2 herein) at P.S. Madanapur, District Shahjahanpur. The complainant Deena Nath moved an application before the Judicial Magistrate/Additional Civil Judge (Jr. Div.) Tilhar, District Shahjahanpur, under Section 155(2), Cr.P.C. for granting permission to investigate the case. The learned Magistrate, vide impugned order dated 4.12.2007 allowed that application and direction was issued to S.O. P.S. Madanapur to investigate the case after converting the same in proper sections. Order dated 4.12.2007 was challenged by the applicant-accused in the Court of Sessions Judge Shahjahanpur by means of Crl. Revision No. 29 of 2008, which was decided by Additional Sessions Judge/Spl. Judge (E.C. Act), vide impugned order dated 3.6.2009, whereby the revision has been dismissed. Both these orders have been challenged by the accused persons by means of this proceeding under Section 482, Cr.P.C.