2008 Supreme(All) 1133

[2008(7) ADJ 21 (NOC)]
ALLAHABAD HIGH COURT
BEFORE : AMAR SARAN, J.
MOHD. KAYYUM ............Applicant
Versus
STATE OF U.P. AND OTHERS ..................Opposite Parties
(Criminal Misc. Application No. 9025 of 2008, decided on 9th May, 2008)

Headnote:Criminal Procedure Code, 1973—Sections 156(3), 200 and 202—(Indian) Penal Code, 1860—Sections 406, 420 and 379—FIR—Registration and investigation—Application for—Magistrate treated application as a complaint case—Revision against—Dismissal of—Magistrate is empowered to pass such an order in view of Apex Court’s decision in Aleque Padamsee’s case (2007 (6) SCC 171)—No illegality in impugned order—Admittedly, present case under Sections 406/420/379 of IPC is not triable by Court of Session—After examination of complainant and witnesses, if any—Applicant can move any application as he deems fit in getting investigation made in this matter.

       Application Rejected.