- (1.) The petitioner has challenged the order dated 17th of January, 2011 passed by the learned Sessions Judge, Raebareli in Criminal Miscellaneous Case No. 10/2011 on the petitioner's revision moved against the order dated 4th of January, 2011 passed by the Additional Chief Judicial Magistrate, Raebareli dismissing the application of the petitioner under Section 156 (3) Cr.P.C. Upon perusal of the order impugned, it appears that, prima facie, in light of the statement made by the prosecutrix, the court below has not found that any offence has been committed by the respondent, therefore, it rejected the petitioner's application.
(2.) 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.,2010 71 ACC 659.
(3.) Upon perusal of the record as well as aforesaid judgement, I find force in the objection raised by learned A.G.A., therefore, the petition is dismissed. However, the petitioner is granted liberty to file a complaint before the learned Magistrate concerned.;