Heard learned counsel for the revisionist and learned A.G.A. for the State of U.P.
This revision has been filed against the judgement and order dated 3.11.2001 passed by learned Sessions Judge, Balrampur in Criminal Revision No. 161 of 2001 whereby the revision has been allowed and the order dated 12.7.2001 passed by learned C.J.M. Balrampur whereby the application under section 156(3) Cr..P.C. has been allowed has been set aside.
From the perusal of the impugned order it appears that the learned revisional court has interfered in the order dated 12.7.2001 passed by learned C.J.M. Balrampur whereby the applicant under section 156(3) Cr.P.C was allowed and Officer Incharge of dthe police station concerned was directed to register the case and investigate the same. Whereas the order dated 17.7.2001 was not revisable, it has been hold in Full Bench of this court in the case of Father Thomas reported in 2011(1) JIC 533. Therefore, the impugned order dated 3.11.2001 passed by learned Sessions Judge, Balrampur is illegal and is hereby set aside.
The office is directed to communicate a copy of this order of learned C.J.M. Balrampur for making the compliance of the order dated 12.7.2001 Accordingly this revision is allowed.
Order Date :- 23.5.2012 RPD