- (1.) HEARD Shri Dharmendra Kumar Tiwari, learned counsel for the petitioner and Shri Sharad Dixit, learned AGA for the State respondents.
(2.) INSTANT writ petition has been filed by the petitioner for quashing of order dated 12.4.2004 passed by the learned Additional Chief Judicial Magistrate, Ambedkar Nagar in Criminal Case No.56 of 2004 and order dated 19.10.2005 passed by the learned Additional Sessions Judge (FTC), Ambedkar Nagar in Criminal Revision No.55 of 2004, by which application under Section 156 (3) Cr.P.C. moved by the petitioner was rejected and criminal revision filed was also dismissed.
(3.) AS per factual matrix of the case, an application under Section 156 (3) Cr.P.C. was filed by the petyitioner with the prayer to direct the Station Officer, Police Station Baskhari to register a case and investigate into the matter. The application was rejected vide order dated 12.4.2004. Feeling aggrieved, criminal revision was also filed, which too was dismissed vide order dated 19.10.2005. Again feeling aggrieved, an application under Section 482 Cr.P.C. was moved, which was dismissed as not maintainable. Hence, the writ petition. It was submitted on the strength of decision of Smt. Razia Begum v. State of U.P. and another, 2005 3 JIC 304 (All.) that Magistrate should not assume the role of a trial court while passing the orders on an application under Section 156 (3) Cr.P.C. If the allegations prima facie constitute a cognizable offence and it requires a investigation by the police, the Magistrate is under obligation to direct the police station concerned to register the case and investigate the same.;