- (1.) The matter was heard yesterday.
(2.) The present application is directed against an order dated 2-7-1998 passed by the II Addl. C.J.M., at Varanasi in Crime No. C-13/98 relating to P. S. Badagaon, Varanasi.2.A. An application was filed before the Addl. J.M. by one Rajesh Kumar Mishra against the present applicant and others for action under S. 156(3), Cr. P.C. The Magistrate recorded an order in the following language : "Seen contents and record.ORDERS.O. Baragaon to register and investigate the case and report."
(3.) It was argued that the Magistrate had no authority to call for a report and that would amount to interference in investigation. It was further argued that when it was an allegation of misuse of authority and acts of dishonesty against public servant of any status, a suitable preliminary enquiry should have been made before registering a case. It was also submitted that being aggrieved by certain orders recorded by the authorities, that the complainant moved a writ petition and the same was finally withdrawn and thereafter when the authorities proceeded according to law the present case has been initiated on false allegations.;