Judgment

Sanjay Dhar, J.—The petitioner has challenged order dated 09.09.2020 passed by learned Additional Mobile Magistrate, Samba, whereby the learned Magistrate has directed SHO, P/S Vijaypur to verify the matter and if cognizable offences are made out, to proceed in terms of Section 156(3) of the Code of Criminal Procedure.

2. Petitioner is primarily aggrieved of the direction of the learned Magistrate to the extent it asks the SHO to verify the matter prior to proceeding in terms of Section 156(3) of Cr. P. C. According to the petitioner the learned Magistrate could not have delegated the power of verification to the SHO.

3. For appreciating the controversy at hand, it is necessary to notice the facts of the case.

4. It appears that the petitioner had filed an application under Section 153(6) of Cr. P. C before the learned Magistrate seeking a direction for registration of FIR. In the application it was alleged that at about 9. 30 a.m. on 29.08.2020, when the petitioner was working in her land measuring 16 marlas comprised in Khasra No.3 situated at Smball Wali Tehsil Vijaypur District Samba, the accused persons, armed with Dharatis and clubs, trespassed into the said land and