R.C.Deepak, J. - (1.) Heard learned Counsel for the applicant, learned Additional Government Advocate for the State and perused the record.
(2.) The contention of the learned Counsel for the applicant is that the application dated 20.3.2004 (Annexure- 1) under section 156 (3), Cr. P.C. discloses the commission of cognizable offence. It was obligatory on the part of the learned Magistrate to have directed for the registration of the case and its investigation, but learned Magistrate committed material illegality in treating the said application as complaint vide its order dated 20.3.2004. He further submits that the nature of the case is such wherein the investigation by the Investigating Agency is urgently required.
(3.) Under the facts and circumstances of the case, the order dated 20.3.2004 passed by the learned Magistrate in Case No. 83/IX/2004 and the Revisional Court's order dated 31.7.2004 in Criminal Revision No. 78 of 2004 are hereby set aside and the learned Magistrate is directed to reconsider the matter within 10 days from the date of presentation of a certified copy of this order and direct for the registration of the case and its investigation in accordance with law.;