Court No. - 50 Case :- CRIMINAL REVISION No. - 3138 of 2010 Petitioner :- Smt. Hemlata Devi Respondent :- State Of U.P. Petitioner Counsel :- Ramesh Pandey Respondent Counsel :- Govt. Advocate Hon'ble S.C. Agarwal,J.
Heard learned counsel for the revisionist and learned A.G.A.
for the State.
This revision is directed against the order dated 28.7.2010
passed by Judicial Magistrate, Hapur, Ghaziabad in criminal
case no.59 of 2010 (Smt. Hemlata Vs. Samay Singh &
others) under section 156 (3) Cr.P.C.
Learned counsel for the revisionist submitted that from the
perusal of the application under section 156 (3) Cr.P.C.,
cognizable offence appears to have been committed and,
therefore, Magistrate was not justified in treating the same
as complaint.
In a catena of decisions of this Court, it is held that
Magistrate has a jurisdiction to order registration of F.I.R. or
to treat the application under section 156 (3) Cr.P.C. as a
complaint. Nothing is to be recovered from the accused. In
these circumstances, the order, treating the application
under section 156 (3) Cr.P.C. as complaint, can not be said
to be unjustified. I do not find any illegality in the impugned
order.
The revision lacks merit and is accordingly dismissed.
Order Date :- 11.8.2010
ss