Heard learned counsel for the applicant and learned A.G.A. for the State.
This application in revision is directed against the order dated 26.11.2010 passed by Chief Judicial Magistrate, Allahabad in Case No. 22293 of 2010 (State Vs. Dilip Mishra) by which the application filed by the revisionist under Section 156(3) Cr.P.C has been directed to be registered as complaint.
A full bench of this Court in Father Thomas Vrs. State of U.P and another 20011(1)ADJ 333 (FB) after referring to the judgment of the Apex Court in Aleque Padamsee Vs. Union of India, AIR 2007 SC (Supp) 684 has held that where informant's plea in a direction for investigation under Section 156(3) Cr.P.C is refused by the Magistrate, the remedy for the informant lies in filing a complaint under Section 190(1)(b) read with Section 200 of the Code.
In view of the above, the order passed by the learned Magistrate directing that the application filed by the revisionist under Section 156(3) Cr.P.C. be registered as complaint can not be said to be suffering any error or illegality warranting any interference by this Court.
This application in revision lacks merit and accordingly is dismissed.
Order Date :- 4.2.2011 arun