(1.) THIS revision has been preferred impugning the order dated 2nd August, 2004 passed by the 3rd Additional sessions Judge, Morena in criminal revision no. 45/03 by which the learned Judge has set aside an order dated 29th January, 2003 passed by the JMFC, Ambah in criminal case no. 72/02, whereby the learned Magistrate had rejected the private complaint filed by. the respondent on the ground that the complaint has not been filed by a Court and thus. not maintainable as provided by Section 195 (1) of the Cr. P. C.
(2.) DURING the course of arguments, following facts have been admitted by both the parties :-
(3.) SHRI Dwivedi, while drawing attention at the judgment of the Apex Court in gopalakrishna Menon and another v. D. Raja Reddy and another, 1983 CAR 421 (SC) : (1983 Cri LJ 1599) has submitted that unless the revenue Court does not file a complaint, complaint filed by the petitioner is barred under Section 195 (l) (b) (2) of Cr. P. C.