Amar Singh vs State Of U.P. & 10 Others
2016 Latest Caselaw 4954 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 49
 

 
Case :- CRIMINAL REVISION No. - 2026 of 2016
 

 
Revisionist :- Amar Singh
 
Opposite Party :- State Of U.P. & 10 Others
 
Counsel for Revisionist :- Mithilesh Kumar Shukla,Avanish Kumar Shukla
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Raghvendra Kumar,J.

The instant revision is directed against the order dated 7.6.2016 passed by the C.J.M. Agra in Misc. Application No. 312 of 2016, Amar Singh Vs. Gabbar  Singh and others  under section 156(3) Cr.PC. P.S. Pinahat, District Agra whereby the application under section 156(3) Cr.P.C. has been rejected.

Being aggrieved by the aforesaid order, the instant revision  is before this Court.

Heard learned counsel for the revisionist and learned A.G.A. for the State of U.P.

Whenever any application is moved before the magistrate under section 156(3) Cr.P.C., it has option to consider the application and direct the police to register and investigate into the matter, or  it has option to treat the application under section 156(3) Cr.P.C. as a complaint, or when  the application does not disclose commission of any cognizable offence it may reject  the application.  These are three legal options  which have not been disputed by the either side.

However by rejection  of the application, the applicant  would not become remediless.

Learned counsel for the revisionist submits that the revision may be dispose of  but the liberty may be given to the revisionist to file a compliant.

After considering the impugned order, we do not find any illegality or impropriety in the  impugned order. There appears  no justification to interferer with the impugned order.

This revision is  disposed of accordingly.

However, the  revisionist may  take  recourse  to the procedure of  the complaint, if it is so advised.

Order Date :- 8.8.2016

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