High Court of Judicature at Allahabad
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Dr. Om Shankar Singh v. State Of U.P. & Another - APPLICATION U/s 482 No. 1257 of 2007  RD-AH 8527 (7 May 2007)
Hon. Ravindra Singh, J.
Heard learned counsel for the revisionist and learned A.G.A.
It is contended by learned counsel for the revisionist that the order dated 7.4.2007 passed by Chief Judicial Magistrate, Bijnor in case crime No. 1150 of 2007 whereby the application under section 156(3) Cr.P.C. has been treated as a complaint. It is further contended that the impugned order is illegal which has not been decided under the provisions of law because on the basis of the allegation made in the application under section 156(3) Cr.P.C. a prima facie cognizable offence is made out but the same has not been considered by the court below. The impugned order is illegal which is liable to be set aside.
It is opposed by learned A.G.A. by submitting that the order is well reasoned order.
From the perusal of the application under section 156(3) Cr.P.C. it appears that on the basis of allegation made therein prima facie offence is made out. In such circumstances learned Magistrate was under obligation to direct the Officer Incharge to investigate the same, but not passing such order, learned Magistrate has committed manifest error, therefore, the impugned order is illegal and hereby set aside. However, it is directed that the learned Magistrate concerned shall pass a fresh order on the application filed by the applicant under section 156(3) Cr.P.C. in accordance with provisions of law.
With this direction, this revision is finally disposed of.
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