Bhuwan Bhakuni vs State &
2022 Latest Caselaw 788 UK

C-482No.341 of 2022
Hon'bleRavindraMaithani, J.

Mr. Rakesh Thapliyal, Senior Advocate assisted by Mr. Lalit Sharma, Advocate for the petitioner.

Mr. Lalit Miglani, A.G.A. for the State.

Mr. Sandeep Kothari, Advocate for respondent no.2.

Challenge in this petition is made to the judgment and order dated 08.03.2022 passed in Criminal Revision No. 95 of 2021, Bhuwan Bhakuni vs. State & Others, passed by the court of IInd Additional & Session Judge, Nainital Heard learned counsel for the parties and perused the record.

In fact, the respondent no.2, the informant filed an application for investigation under Section 156 (3) of the Code of Criminal Procedure, 1973 (for short "the Code"). The Court of Magistrate did not order for investigation on the ground that the dispute appears to be civil in nature and accordingly rejected the application filed under Section 156 (3) of the Code. This order was challenge in the revision, which has been allowed. The Court while allowing the revision also formulated seven points with the direction that the Court of Magistrate shall examine the matter on those formulated points.

Learned Senior Advocate appearing for the petitioner would submit that the impugned order is beyond jurisdiction, such direction cannot be given while examining an application under Section 156(3) of the Code.

Having heard, this Court is of the view that this matter definitely requires deliberation.

     Respondent        no.     2      is
represented

Let counter affidavit be filed within three weeks.

List thereafter.

Till the next date of listing, the proceedings of the court below, shall remain in abeyance.

(RavindraMaithani, J.) 16.03.2022 Nahid