LAXMINARAYAN Vs. RAJKUMAR

JUDGEMENT

(1.) This petition has been filed under Section 482 of Cr.P.C. against the order passed by the First ASJ, Jaura, Distt. Morena, in Criminal Revision No.-/11 (Laxminarayan @ Billa Vs. Rajkumar & Ors.) whereby the revision filed against the order passed by the ACJM, Jaura, in case No.-/10 (Rajkumar Vs. Laxminarayan & Ors.) has been dismissed.

(2.) The brief facts giving rise to this petition are that respondent No.1 filed an application under Section 156(3) of Cr.P.C. against the petitioner and respondents No.2 to 6 stating that his grand-mother Late Smt. Kausa @ Kaushalya during her life time had executed a registered will in favour of him, his brother Sant Kumar and Neetraj on 8.6.2010.

(3.) It is submitted by learned counsel for the petitioner that order passed by the learned Courts below is against the principles of law. The learned Court below has failed to appreciate the provisions of Sections 156, 200 and 202 of Cr.P.C. in its right perspective. The learned Magistrate has passed the order rejecting the prayer under Section 156(3) of Cr.P.C. of respondent No.1, but thereafter directed the police to investigate the facts mentioned in the application and report. This amounts to review of the same order which is not permissible under the criminal law. It is prayed that the order passed by the learned Magistrate on 7.12.10 be set aside.