JUDGMENT :

1. The present criminal revision has been filed challenging the order dated 06.09.2019 passed in Criminal Misc. No. 203 of 2019 (Vishwanath vs. Santosh & others) by the Additional Sessions Judge, Court No.1, Kushinagar on an application under Section 156(3) Cr.P.C. filed by the revisionist.

2. The Court below while disposing of the application under Section 156(3) Cr.P.C. has treated the same as complaint and directed it to be registered as complaint case fixing date for recording statement of the complainant under Section 200 Cr.P.C.

3. Challenging this order, learned counsel for the revisionist vehemently submits that from the reading of the application under Section 156(3) Cr.P.C. itself, a cognizable offence was made out and as such it was required for the Court concerned to direct the police to investigate. The appropriate course of action for the Court was to issue direction to the police to lodge a first information report and submit the report under Section 173(2) Cr.P.C.

4. The allegations are of gang rape by the accused persons (opposite party nos. 2 to 5) falling under Section 376 I.P.C., the application seeking for lodging of the first information report could no