LAWS(ALL)-1997-9-147

AWADH BEHARI Vs. IXTH ADDL DISTRICT JUDGE ALLD

Decided On September 01, 1997
AWADH BEHARI Appellant
V/S
IXTH ADDL DISTRICT JUDGE ALLD Respondents

JUDGEMENT

(1.) P. K. Jain, J. Heard Sri K. K. Tripathi learned Counsel for petitioner and Sri Phool Chand Singh, learned Counsel for respondent No. 3 and the learned AGA.

(2.) RESPONDENT No. 3 had moved an application under Section 156 (3), Cr. C. P. before learned Magistrate which was dis posed of by the learned Magistrate by the order dated 30-11-1996 directing that complaint case be registered and evidence under Sections 200and 202, Cr. P. C. maybe recorded. This order was challenged by respondent No. 3 in Criminal Revision No. 1212 of 1996 which was allowed by revisional court by judgment and order dated 3-3-1997 whereby order dated 30-11-1996 was set aside and direction was made to the learned Magistrate to direct the police to register the case under Sec tions 498-A, 323,504,506, IPC and Section 3/4, Dowry Prohibition Act and also to investigate the case.

(3.) THERE is no merit in the contention of the learned Counsel for the revisionist. No adverse order was passed against the revisionist till order dated 3-3-1997 passed by revisional court, therefore, he was not a necessary party to the revision.