- (1.) N. B. Asthana, J. This revision has been directed against the order dated 14-2-1995 passed by the Chief Judicial Magistrate, Varanasi in Applica tion No. I of 1995 filed by the revisionist under Section 156 (3) of the Criminal Procedure Code.
(2.) I have heard the learned counsel for the revisionist and the learned A. G. A. Section 156 (3) lays down that any Magistrate empowered under Section 190 may order such a investigation as above mentioned. In view of this provision the C. J. M. was competent to direct the police to register a case on the basis of the application given by revisionist before him and to investigate it. In the instant case the Chief Judicial Magistrate upon the application filed by the revisionist under Section 1563), Cr. P. C. directed the Senior Superintendent of Police, Circle Officer, Maduadih and S. O. Maduadih, Varanasi to investigate seriously in the matter and submit the report on 17-1-1995. He also asked these officials to inform him whether any applica tions with respect to the matter in dispute were given to them, and, if so, that action has been taken upon those applications.
(3.) IN compliance of the aforesaid order a Sub-INspector of F. S. Maduadih submitted a report on 16-1- 1995 stating that the matter was enquired into by Circle Officer, Maduadih and that the Circle Officer was of the opinion that the present application has been filed by the applicant in order to save the accused in Crime No. 214 of 1994 under Sections 379/411, IPG, P. S. Bhelupur and Crime No. 174 of 1994 under Section 25 Arms Act and Crime Nos. 175-176, 177/94 under Section 4/25 of the Arms Act. Upon this report the Chief Judicial Magistrate, Varanasi rejected this application on 14-2-1995. Aggrieved by it applicant has come to this Court in revision.;