MADHUMATI MITRA,J. - (1.) Petitioner has approached before this Court by filing an application under Section 401 read with Section 482 of the Code of Criminal Procedure and Challenged the impugned order dated February 11, 2019 passed by the Learned Chief Judicial Magistrate, Barasat, North 24 Parganas, in connection with C Case No.1897 of 2018.
(2.) By the impugned order the Learned Magistrate rejected the prayer of the petitioner under Section 156(3) of the Code of Criminal Procedure to send the petition of complaint to the officer in charge of police station for treating the same as First Information Report The copy of the impugned order passed by the Learned Magistrate has been annexed to the present revisional application. From the impugned order it appears that the Learned Magistrate considered the report submitted by the officer-in-charge of Habra Police Station in compliance with the direction of the Learned Magistrate dated October 12, 2018. From the order impugned it appears that the Learned Magistrate did not find any reason to allow the prayer of the present petitioner under Section 156(3) of the Code of Criminal Procedure. While rejecting the prayer of the present petitioner under Section 156(3) of the Code of Criminal Procedure the Learned Magistrate did not pass any order regarding taking cognizance of the alleged offences and did not proceed under Section 200 of the Code of Criminal Procedure.
(3.) The question to be considered and answered in this revisional application is whether the Learned Magistrate was justified in passing the impugned order. Before I proceed to further to examine the facts, I may consider the ambit and the scope of provisions of section 156(3) of the Code of Criminal Procedure and the consequence when the prayer under Section 156(3) of the Code of Criminal Procedure is rejected by the Magistrate.;