Subhash Chandra Jaiswal vs State of U.P.& Ors.

S. C. Jain, J.—Heard.

The petitioner as per the allegations made in the revisionpetition, wont to lodge a report at the police station Sadar, district Saharanpur regarding the incident dated 1761995, his report was not recorded as a F1K. Then he moved the higher authority i.e. SSP District Saharanpur but to no effect. He thereafter moved an application before Magistrate concerned i.e. Chief Judicial Magistrate, Saharanpur. The CJM after calling the report from the police station concerned, did not find any case for ordering the registration of the case and its investigation as provided under Section 156(3), CrPC.

Aggrieved, this revision has been filed.

Section 156(3), CrPC provides that any Magistrate empowered under Section 190, CrPC may order such an investigation as above mentioned. It is the judicial satisfaction of the Magistrate that he has to exercise the power under Section 156(3), CrPC.

The impugned order shows that the CJM has taken into consideration the report of the police and other circumstances but he did not find it a fit case to exercise the power under Section 156(3), CrPC. I do not find any illegality and infirmity in the impugned order and decline to interfere in the revisional jurisdiction. The same is hereby dismissed in limine.

However, the petitioner is at liberty to take the steps by filing a criminal complaint as provided under Section 190, CrPC if so desires and so advised and after receipt of the complaint needless to say that the Magistrate shall follows the procedure as laid down in Chapter XIV, CrPC for taking cognizance on the basis of the private complaint.

With these observations this revision stand disposed of finally.

Revision disposed of.