- (1.) K. N. Ojha, J. Instant revision has been preferred against order dated 13-9-2001 by which the learned Special Chief Judicial Magistrate, Varanasi, has rejected application of the revisionist Ravi Kumar moved under Section 156 (3) Cr. P. C. police station Jansa, district Varanasi.
(2.) HEARD Sri D. K. Singh, learned Counsel for the revisionist and Sri R. R. K. Misra, learned AGA and have gone through the record. The case of the revisionist is that an application was moved by the revisionist before Special Chief Judicial Magistrate, Varanasi, against Laljeet, Baljeet, Sabhajeet, all of sons of Pyare Lal, Pyare Lal S/o Chaodhary, Baskal S/o Jai Ram, Deenanath S/o Bhuedhar, Smt. Prem Devi W/o Sabhajeet, Smt. Nirmala W/o Laljeet, all residents of village Nahwanipur, police station Jansa, district Varanasi, under Section 156 (3) Cr. PC containing the fact that due to enmity these persons after forming an unlawful assembly entered into the house of the revisionist on 18-4-2001 at about 9. 00 a. m. used insulting languages against ladies of his family and made assault on them looted away their clothes, ornaments and costly articles. When no action was taken by the police on the application of the revisionist the application was moved before the Special Judicial Magistrate, Varanasi, and the impugned order was passed. In the impugned order dated 13-9-2001 the Special Judicial Magistrate has observed that there is no evidence on the basis of which it may be held that this is a fit case of registering the case of for investigation.
(3.) SECTION 156 (3) of Cr. P. C. contemplates that any Magistrate empowered under SECTION 190 may order such an investigation as mentioned above. In instant case it is said that as many as ten persons, who are opposite parties entered into the house of the revisionist on 18-4-2001 at 9 p. m. used, insulting languages, made assault and looted away clothes, ornaments and costly articles. Except one opposite party Om Prakash all opposite parties are residents of village Nahwanipur, police station Jansa, district Varanasi, where the revisionist Ravi Kumar lives. There is no injury report of any female member of the family of Ravi Kumar is support of his contention that as many as 10 persons entered into his house, used insulting languages, made assault and looted away clothes, ornaments and costly articles. It is natural that if such dacoity is made in the broad daylight by forcibly entering into the house some resistance is bound to be made and some injuries are bound to be caused.;