Hon’ble Mrs. Jayashree Tiwari, J.—The present criminal revision has been filed by the revisionist against the order dated 2.11.2001 passed by the Judge Magistrate, Court No. 18, Jaunpur whereby he has held that in pursuance of the order given by the revisional Court dated 14.8.2001 that offence under Section 325, IPC is not made out and on that basis, he has held that only offence under Section 323 and 504, IPC appear to have been made out from the prima facie statement made in the application under Section 156(3), Cr.P.C. and on that basis, application under Section 156(3), Cr.P.C. has been rejected by the Magistrate.

2. In the scheme of Cr.P.C. under Section 156(3), it is provided that the clause 3 any Magistrate empowered under Section 190 may order such an investigation as above-mentioned. This sub clause is to be read in connection with Section 156, Cr.P.C. itself which lays down that police officials have power to investigate a cognizable case. The crux of the provision as annunciated in sub clause 3 of Section 156, Cr.P.C. and as has been constantly held by the superior Courts is that if from the contentions and averments made in the application under Section 156 (3),