This order shall also govern the disposal of Misc. Criminal Case No. 12539/2012 (Vanmali Prasad Dwivedi and two others Vs. Ram Milan Patel).

In this case on a complaint filed by the complainant under Section 200, Cr.PC without recording any evidence on behalf of the complainant and simply on the basis of application under Section 156 (3), Cr.PC the Magistrate directed registration of FIR. The impugned order reads as under :-

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2. The order shows that there had been no application of mind, no evidence has been recorded under Section 200, Cr.PC. Such procedure has been deprecated by Hon'ble the Supreme Court as well as in the judgment delivered by this Court which stands approved by Hon'ble the Supreme Court in the case of Subhkaran Luharuka and another Vs. State and another, Cri.M.C. Nos. 6122-23/2005 and Cri.M.C. Nos. 6133-34/2005. In the aforesaid case also, the complainant filed a complaint under Section 200, Cr.PC along with an application under Section 156 (3), Cr.PC, the Trial Court without recording any evidence under Section 200, Cr.PC directed registration of FIR under Section 156 (3). This order of registration of FIR was challenged by the accused in a cas