Jagdish Kumar Singh vs State Of U.P. & Others
2021 Latest Caselaw 4510 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 16
 

 
Case :- CRIMINAL REVISION No. - 1111 of 2019
 

 
Revisionist :- Jagdish Kumar Singh
 
Opposite Party :- State Of U.P. & Others
 
Counsel for Revisionist :- Moti Chand Yadav
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Dinesh Kumar Singh,J.

1. Heard and perused the entire record.

2. This criminal revision under Section 397/401 CrPC against the judgment and order dated 16.07.2019 passed by the Judicial Magistrate-III, Lucknow in Misc. Case No.2091 of 2019 whereby the learned Magistrate has treated the application filed under Section 156(3) CrPC filed by the revisionist as 'complaint'.

3. When an application is filed under Section 156 (3) CrPC it is not required that in every case the Magistrate has to direct for lodging of the FIR. The facts and evidences are known to the complainant. In the present case, looking at the application, facts and circumstances of the case, the learned Magistrate has treated the application as a complaint.

4. I do not find any error committed by the learned Magistrate.

5. The learned counsel for the revisionist submits that the case is fixed before the learned Magistrate.

6. The complainant may appear before the Magistrate to get his statement recorded.

7. With the aforesaid observation/direction, this revision stands disposed of finally.

[D.K. Singh,J]

Order Date :- 23.3.2021

MVS/-