- (1.) N. B. Asthana, J. This revision has been directed against the order dated 8-2-1995 passed by 1st Addl. Chief Judicial Magistrate, Kanpur Dehat in Criminal Misc. Application No. 195 of 1995 under Section 153 (3), Cr. P. C. directing the police to register a case, investigate it and then proceed in the matter in accordance with law.
(2.) I have heard the learned counsel for the revisionist and the learned A. G. A. The Magistrate is fully empowered under Section 156 (3), Cr. P. C. to direct the police to investigate the complaint made before him. It cannot, therefore, be said that the order passed by the Magistrate was without juris diction or not in accordance with law. It was, however, urged that the dispute between the parties is regard ing the formation of Managing Committee of Baba Raghunandan Das Sanskrit Mahavidyalaya, Kanpur Dehat and the matter regarding formation of Manag ing Committee is already pending with the Registrar under the Societies Registration Act, 1860 and as such in view of Section 28 of the Act, the 1st Addl. Chief Judicial Magistrate had no jurisdiction to pass such an order.
(3.) THE aforesaid section only lays down that no cognizance shall be taken of an offence punishable under that Act except on a complaint made by the Registrar or any other person authorised in writing by him by general or special order in that behalf. This section does not curtail and cannot curtail the power of a Judicial Magistrate to pass order under Section 156 (3j, Cr. P. C. However, before taking cognizance of the matter, the Magistrate will take into consideration the provisions of Section 28 of the Societies Registration Act, 1860 and in case it is found that the cognizance cannot be taken except upon a complaint made by the Registrar, the Magistrate could not be entitled to proceed further in the matter unless the sanction of the Registrar is forth coming. In view of the above the revision has no force and is dismissed at the admission stage. The Court below is directed to take note of the provisions of Section 28 of the Societies Registration Act, 1860 before taking cognizance in the matter. Revision dismissed. .;