O R D E R

CASE NUMBER Case number 145-IV/09, Decided on BEFORE JUDICIAL 12.07.2019, by learned Judicial Magistrate MAGISTRATE FIRST Class, Palampur, District Kangra, H.P.

Aggrieved by the dismissal of application under Section 156 (3) Cr.P.C., by learned Judicial Magistrate First Class (JMFC), Palampur, District Kangra, the complainant has come up before this Court.

2. The complainant/petitioner had filed an application under Section 156 (3) Cr.P.C., which was registered as Case No.145-IV/2019. Vide order dated 12.07.2019, learned Judicial Magistrate First Class, dismissed the application on the ground that although copy of the application addressed to Station House Officer is annexed, but there was no endorsement to prove that it was in fact received by him. Further the complainant did not produce anything to prove that he had approached higher authorities i.e. Superintendent of Police, on the refusal of Station House Officer to take action. Thus, learned Magistrate observed that the powers under Section 156(3) Cr.PC can be invoked only when the complainant exhausted the remedy under Section 154 Cr.P.C.

3. I have gone through the application and the orders passed by learned Magistrate