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1995 Supreme(All) 247

N.B.ASTHANA
Ram Chandra Shukla – Appellant
Versus
State of U. P. – Respondent


JUDGMENT

1. N. B. Asthana, J. This revision has been directed against the order dated 8-2-1995 passed by 1st Addl. Chief Judicial Magistrate, Kanpur Dehat in Criminal Misc. Application No. 195 of 1995 under Section 153 (3), Cr. P. C. directing the police to register a case, investigate it and then proceed in the matter in accordance with law.

2. I have heard the learned counsel for the revisionist and the learned A. G. A.

The Magistrate is fully empowered under Section 156 (3), Cr. P. C. to direct the police to investigate the complaint made before him. It cannot, therefore, be said that the order passed by the Magistrate was without jurisdiction or not in accordance with law.

3. It was, however, urged that the dispute between the parties is regarding the formation of Managing Committee of Baba Raghunandan Das Sanskrit Mahavidyalaya, Kanpur Dehat and the matter regarding formation of Managing Committee is already pending with the Registrar under the Societies Registration Act, 1860 and as such in view of Section 28 of the Act, the 1st Addl. Chief Judicial Magistrate had no jurisdiction to pass such an order.

4. The aforesaid section only lays down that no cognizance shall be taken


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