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Shiv Prakash Gupta vs State of U.P.and others

Allahabad High Court · Decided on 3 February 2011 · Citation: (2011) 8 RCR(Criminal) 2256

HON’BLE JUDGES
Shri Narayan Shukla, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 156(3)
RESULT
Dismissed
CASE NUMBER
Writ Petition No. 614 of 2011
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Judgment

3 paragraphs · 175 words

Shri Narayan Shukla, J.—The petitioner has challenged the order dated 28th of October, 2010 passed by the learned Additional Sessions Judge, Court No. 5, Faizabad in Criminal Revision No. 112/2010 on the petitioner''s revision moved against the order dated 16th of June, 2010 passed by the Additional Chief Judicial Magistrate III, Faizabad dismissing the application of the petitioner under section 156 (3) Cr.P.C.

Mr. Rajendra Kumar Dwivedi, learned A.G.A. raised objection against the maintainability of the writ petition on the ground that it is an absolutely discretionary power of the learned Magistrate to entertain the application under section 156 (3) Cr.P.C. or not. He also cited several decisions on this point, one of them is the case of Mohammad Asrar v. State of U.P.1

2.

Upon perusal of the record as well as aforesaid judgment, I find force in the objection raised by learned A.G.A., therefore, the petition is dismissed. However, the petitioner is at liberty to lodge the complaint before the learned Magistrate concerned, who shall consider the same and pass an appropriate order.