It has been pointed out that initially vide order dated 27 July, 2011 the application filed by respondent no.2 under Section 156(3) of the Code of Criminal Procedure was rejected. The said respondent went up in revision. The revision petition has been allowed vide order dated 8th November, 2011 (Annexure 3). In the operative part of the order passed by the revisional court it has been clearly stated that the lower court is directed to again hear the matter and pass appropriate orders.
Learned counsel contends that the Magistrate without considering the nature of issue or the contents of the application filed by the respondent no.2 has passed the impugned order dated 05.3.2012 vide which the application has been sent to the In-charge of the Police Station under Section 156(3) Cr.P.C. for registration of the case and investigation.
Learned counsel contends that the revisional court had directed the Magistrate to again hear the matter and pass appropriate orders. Scope of remand has not been satisfied.
Issue notice, returnable in August, 2012.
Order Date :- 18.5.2012 A.Nigam