Amar Saran - (1.) -Heard learned counsel for the applicant and learned Additional Government Advocate.
(2.) THIS application has been filed against the order dated 14.2.2008 passed by the In-charge Sessions Judge, Mathura whereby the learned Judge has dismissed the revision, which was filed against the order of the Magistrate, whereby the learned Magistrate has treated the application under Section 156 (3), Cr. P.C., as a complaint. In view of the decision of the Apex Court in Aleque Padamsee and another v. Union of India, (2007) 6 SCC 171 : 2007 (3) ACR 3153 (SC), the learned Magistrate is empowered to pass such an order. There is no illegality in the said order.
(3.) HOWEVER, learned counsel for the applicant submits that as certain properties viz., generators, compressors, motors etc., which have been stolen from the applicant's factory for which he has nominated the accused, have to be recovered and in the circumstances an order for police investigation ought to have been passed. Under Section 202 of the Code of Criminal Procedure, it has been provided that when the Magistrate is considering the complaint, he can postpone the issue of process against the accused, and either inquire into the case himself or direct an investigation to be made by a police officer or by such other person as he thinks fit.;