Posted On by &filed under Allahabad High Court, High Court.

Allahabad High Court
Devi Das & Others vs State Of U.P. & Another on 4 August, 2010
Court No. - 50

Case :- CRIMINAL REVISION No. - 3004 of 2010

Petitioner :- Devi Das & Others
Respondent :- State Of U.P. & Another
Petitioner Counsel :- R.K. Mishra
Respondent Counsel :- Govt. Advocate

Hon'ble S.C. Agarwal,J.

Heard learned counsel for the revisionists and learned
A.G.A. for the State.

This criminal revision has been filed against the order dated
1st July, 2010 passed by Chief Judicial Magistrate, Rampur
in criminal case no.440 of 2010 whereby the application
under section 156 (3) Cr.P.C. moved by opposite party no.2
was allowed and S.H.O. concerned was directed to register
the case and investigate the matter.

Learned Magistrate has found that prima facie cognizable
offence is made out. The revisionists are prospective
accused. The prospective accused have no right to
challenge an order passed by the Magistrate under section
156 (3) Cr.P.C. and no interference can be made by the
Court at the instance of the accused during investigation.

In this view of the matter, I do not find any merit in this
revision, which is accordingly dismissed.

Order Date :- 4.8.2010

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