- (1.) I have heard learned counsel for the applicant, Sri T.B. Pandey, learned counsel for the opposite parties nos. 2 to 4, Sri S.K. Dubey, and learned AGA and perused the record.
(2.) An order dated 5.7.2004 passed by the Incharge Sessions Judge, Jaunpur, in criminal revision no. 104 of 2004 has been challenged in this case. By the aforesaid order the order passed by the ACJM V, Jaunpur, under section 156 (3) Cr. P.C. was set aside on the ground that the said order did not contain any reason whereas this was required by law. Learned counsel for both the parties have relied on a Full Bench decision of the Allahabad High Court, Ram Babu Gupta v. State of U.P., 2001 (43) ACC 50: 2001 All LJ 1587. They have referred to a judgment in that case given by Hon'ble Justice J.C. Gupta. J. Learned counsel for the applicant has relied on the following lines in paragraph 45. "Two courses are open to him. He may either take cognizance under Section 190 or may forward the complaint to the police under Section 156 (3) Cr. P.C. for investigation. Once he takes cognizance he is required to embark upon the procedure embodied in Chapter XV. On the other hand, if on a reading of complaint he finds that the allegations therein clearly disclose commission of a cognizable offence and forwarding of complaint under Section 156(3) Cr.P.C. to the police for investigation will be conducive to justice and valuable time of Magistrate will be saved in inquiring into the matter which was the primary duty of police to investigate, he will be justified in adopting that course as an alternative to take cognizance of the offence himself. An order under section 156 (3) Cr. P.C is in the nature of a reminder or intimation to the police to exercise their full powers of investigation under Section 156(1) Cr.P.C. such an investigation begins with the collection of evidence and ends with a report or charge-sheet under Section 173."
(3.) Learned counsel for the complainant, on the other hand, has relied on the following three lines at the end of paragraph 45 of the same judgment: "That discretion has to be exercised cautiously with application of judicial mind and not in a routine and mechanical manner.";