ORDER

Palak Basu, J. - The arguments advanced by parties learned counsel on the import of the provisions contained in Sections 156(3) read with other relevant provisions certainly touched great heights but luckily the timely ushering of a decision of the Apex Court has perforce reduced the controversies raised to a manageable extent.

2. It so happened that a Division Bench (of two of us. P. Basu and Hon. J.C. Gupta, J.) came across in the petition under Article 226 of the Constitution of India of Ram Babu Gupta and Pramod Kumar Gupta an order dated 56-2000 (Annexure-6) passed in exercise of powers under Section 156(3). Cr. P.C. by the Special Judge Dacoity Affected Area, Mainpuri directing Station Officer to register a case and investigate. The prayer was that the said order be quashed and respondents police station Alau, Mainpuri and the informant Ved Prakash Dubey be restrained from arresting the petitioners in case Crime No. 900 of 2000 under Section 395 registered there in pursuance of the impugned order.

3. Shri J.S. Audichya, learned counsel for the petitioner argued that the application of Ved Prakash Dubey requested the Magistrate to exercise only his powers under Section 1