- (1.) V. D. Chaturvedi, J. Heard.
(2.) THIS Criminal Revision has been filed against the order dated 4. 7. 2005 whereby the learned Magistrate ordered for investigation only against 3 persons out of 18 persons against whom petition under section 156 (3) Cr. P. C. was moved disclosing that they all have encircled the deceased Gobardhan and it was upon the exhortation by the accused Shanker that the accused Sahab and Shakeel had fired at Gobardhan and thereby committed his murder. Feeling aggrieved by the said order, the complainant Chandra Kumar (the brother of the deceased Gobardhan) has filed this revision. I have heard Sri Deepak Dubey and the learned A. G. A. and have perused the relevant record. The scheme laid down in the Criminal Procedure Code directs for the investigation of the case and not the investigation against the persons.
(3.) SUB-section (1) of section 156 (3) Cr. P. C. lays down that any Officer Incharge of the Police Station may without the order of Magistrate investigate any cognizable case. Sub-section (3) of section 156 (3) Cr. P. C. lays down that the Magistrate empowered under section 190 Cr. P. C. may order such an investigation as mentioned above.;