- (1.) THIS criminal revision has been directed against the Impugned order dated 30-7-2007 passed by the Civil Judge (Junior Division)/judicial Magistrate, Gautam buddh Nagar in Misc. Case No. 2 of 2007, ahmad Hasan v. Kami and others by which the application moved under Section 156 (3)of the Code of Criminal Procedure on behalf of opposite party No. 2 Hassan Ahmad was allowed and it was ordered to register and investigate the case.
(2.) HEARD Sri Sunil Kumar, learned counsel appearing on behalf of revisionists and learned A. G. A. as well as perused the materials available on record.
(3.) LEARNED counsel for the revisionists has contended that a false case has been concocted against Kamli and other revisionists by opposite party No. 2 in the application moved under Section 156 (3), Cr. P. C. It is further contended that first a complaint had to be filed before the concerned Magistrate upon which, the procedure under Chapter XV of the code of Criminal Procedure was to be adopted. Thereafter, finding out a prima facie case, the procedure of chapter XII of the Code of Criminal Procedure is to be adopted. Therefore, the impugned order has not been passed in accordance with the law.;