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Shyam Singh vs Chief Judicial Magistrate & ...

High Court Of Judicature at Allahabad|26 April, 2016

JUDGMENT / ORDER

List revised.
None is present to press this revision.
Learned A.G.A for the State is present. Perused the record.
This revision has been directed against the order dated 13.06.1997 passed by Chief Judicial Magistrate, Jalaun at Orai in Criminal Case No. nil of 1997 based on application moved by revisionist under Section 156 (3) Cr.P.C, whereby allegations has been made that a case was registered at P.S. Jalaun (Orai) and investigation is going on but due to interest of the police personnel fair investigation is not possible, so fresh F.I.R may be lodged and the matter may be investigated by any independent agency like C.B.I.
Learned C.J.M. after hearing the revisionist, dismissed the application on the ground that case is already investigated upon and thereafter no order can be passed in application moved under Section 156 (3) Cr.P.C.
Seen the facts and circumstances of the case, I do not find illegality in order of learned Magistrate when there is already an F.I.R in existence there. Certainly application 153 (3) is not maintainable. There is no ground to interfere in the impugned order.
The revision is dismissed accordingly.
Order Date :- 26.04.2016.
Vinod.
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Title

Shyam Singh vs Chief Judicial Magistrate & ...

Court

High Court Of Judicature at Allahabad

JudgmentDate
26 April, 2016
Judges
  • Abhai Kumar