- (1.) Heard Sri Raghvendra Pratap Rajan, for the petitioner and Sri Rajnish Dubey, for respondents-2 and 3.
(2.) This petition has been filed for setting aside the orders of Chief Judicial Magistrate dated 14.04.2015, directing to register the application of the petitioner under Section 156 (3) Cr.P.C. as complaint case and Additional Sessions Judge dated 08.04.2016, dismissing revision of the petitioner, against aforesaid order.
(3.) The petitioner filed an application dated 11.03.2015 (registered as Criminal Misc. Case No. 178 of 2015) under Section 156 (3) Cr.P.C. for directing In-charge, Police Station Kotwali, Azamgarh, to register FIR and investigate. It has been stated in the application that the petitioner was running a fertilizer shop at town Mahrajganj. The petitioner took loan of Rs. 30,000/- from respondents-2 and 3 on interest at the rate of 1.5% per month on 10.03.2007 at 2.00 PM in connection of his business. For which, the petitioner pledged golden ornaments i.e sitarami of 40 grams, kangan of 30 grams, kada of 40 grams, bangle of 40 grams, 4 rings of 20 grams and two chain of 30 grams (total 200 grams) in presence of witness Ram Narain Upadhyay. The petitioner could not repay the loan within time. On 12.01.2015, the petitioner went to the shop of respondents-2 and 3 to repay the loan along with interest. On which Ashish Goel said that ornaments were kept in locker as such he would come on later day. The petitioner again went on 12.02.2015. Again same reply was given. The petitioner then again went on 09.03.2015 at 11.00 AM. On that day Ashish Goel took out his pistol from counter and threatened the petitioner to kill him and abusing the petitioner asked to forget the ornaments. Information of this incident was given to Police Station Kotwali and Senior Superintendent of Police, Azamgarh through registered post but no action was taken.;