( 1 ) THIS revision has been preferred by the revisionist Brij Lal Bhar being aggrieved from the order dated 17-11-2005 passed by the learned A. C. J. M. I Jaunpur in case No. Nil of 2005 whereby application under section 155 (2) Cr. P. C. has been rejected.

( 2 ) THE facts of this case, in brief, are that the revisionist Brij Lal Bhar lodged a non cognizable report (N. C. R.) No. 78 of 2005 on 27-10-2005 at P. S. Newarhia, district jaunpur, in respect of the offence which was committed on 26-10-2005. In the said incident the revisionist was assaulted and received injuries, he was medically examined on 26-10-2000 at 6. 15 p. m. , as per medical examination report he has received three injuries, Injury No. 1 was contusion of left side of the face. Injury No. 2 was contusion on the left side of the chest and injury No. 3 was complaint of pain of the left hip joint. All the injuries caused by hard and blunt object. Injury No. 1 was simple in nature and injury No. 2 was kept under observation and advised for x-ray. The injury was x-rayed at the district hospital Jaunpur on 28-10-2005, according to the x-ray report a fracture of 9th rib of left side chest was found. After obtaining the x-ray report revisionist went to the police station concerned on 30-10-2005 and handed over the x-ray report to the station officer of police station concerned and made a request to register the case as a cognizable offence and investigate the same but after receiving the x-ray report no action was taken by the Station Officer of p. S. Newarhia, thereafter the revisionist filed an application under section 155 (2) Cr. P. C. in the court of learned a. C. J. M. I Jaunpur with the prayer that the order may be passed to investigate N. C. R. No 78 of 2005, but the same has been rejected by the learned A. C. J. M. I Jaunpur, on 17-11-2005, being aggrieved by order dated 17-1 1-2005 the revisionist has filed the instant revision.

( 3 ) HEARD Sri Rajesh Kumar Singh, learned counsel for the revisionist and the learned A. G. A.

( 4 ) IT is contended by the learned counsel for the revisionist :-

1) that the revisionist was assaulted on 26-10-2005 by the accused, as per medical examination report injury No. 2 was kept under observation and advised for x-ray but the report of the revisionist was registered as non cognizable case on 27-10-2005 vide n. C. R. No. 78 of 2005. According to the x-ray report dated 28-10-2005, the 9th rib of the left side chest was found fractured. The revisionist went to the police station concerned on 30-10-2004, and handed over the x-ray report with a prayer that the case may be registered as cognizable offence and investigation may be done, but no action was taken by the Station Officer of P. S. Newarhia whereas he was under obligation to register a case as cognizable offence, after receiving the x-ray report. 2) That the revisionist moved an application under section 155 (2) Cr. P. C. along with copy of the x-ray report, mentioning therein that his injuries were x-rayed in district hospital Jaunpur, his 9th rib of left side chest was found fractured. The injury was grievous in nature and he had handed over the x-ray report to the police station concerned but no action has been taken by the police, even then that application has been rejected by the learned A. C. J. M. I Jaunpur on 27-11-2005 only on the ground that the revisionist being the first informant, was not competent person to move an application under section 155 (2) Cr. P. C. , the competent authority to move the same was a Police officer of the P. S. concerned. The impugned order dated 17-11-2005 is illegal because the revisionist being the first informant of the N. C. R. No. 78 of 2005 was also competent person to move such application under section 155 (2) Cr. P. C. and there was no such legal bar 3) That impugned order dated 17-11-2005 may be set aside and Station Officer p. S. Newarhia may be directed to register the case as cognizable and investigate the same in accord

Click Here to Read the rest of this document