- (1.) D. C. Srivastava, J. The short ques tion of law, involved for consideration in this petition under Section 482 Cr. PC. is whether a Magistrate in exercise of his powers under Section 156 (3) Cr. PC. is justified and authorised to direct the police to register a case and the F. I. R. and inves tigate the same in accordance with law.
(2.) IN this case Annexure No. 3 is the impugned order which shows that an ap plication under Section 156 (3) Cr. PC. was given to the C. J. M. Jaunpur. He examined the application and passed the following order which is translation of the Hindi order of the C. J. M. : "on the basis of facts, given in the applica tion, prima facie cognizable offence is made out. S. O. , P. S. Line Bazar is directed to register the case and investigate according to rules. " It is this order which is under chal lenge. It has been contended that the Magistrate has no jurisdiction to direct the police to register a case or register the F. I. R. while acting under Section 156 (3) Cr. P. C. Several cases were cited in support of the contention whereas as learned A. G. A. contended that direction to register a case is neither illegal nor irregular and no inter ference is required. He also cited two cases of single Judge of this Court in support of his contention.
(3.) LEARNED counsel for the petitioners referred to the case of Raghbir Singh v. State of Haryana, 1990 (1) Crimes 600. In this case it was held that the learned Magistrate in terras of Section 156 (3) of the Code of Criminal Procedure, 1973 can send the com plaint to Police for investigation and not for registration of the case. Division Bench of the same High Court of Punjab and Haryana in Ganesh Dass v. State of Kerala, 1996 Cri. LJ 612 held resolving earlier conflict of the decision in that Court that the Magistrate while passing order under Section 156 (3), Cr. P. C. is not \empowered to direct the police to register F. I. R. This Division Bench case also took into consideration the pronouncements of the Supreme Court in D. L. Reddy v. V. N. Reddy, 1976 SCC (Cri.) 380 and Tula Ram v. Kishore Singh, AIR 1977 Supreme Court 2401.;