Court No. - 77

Case :- CRIMINAL REVISION No. - 490 of 2021

Revisionist :- Raj Bahadur Rai

Opposite Party :- State Of Up And 2 Others

Counsel for Revisionist :- Yogesh Singh

Counsel for Opposite Party :- G.A.

Hon'ble Pankaj Bhatia,J.

Heard learned counsel for the revisionist and

learned AGA for the State.

The present revision has been filed challenging the

order dated 11.1.2021 passed by the Additional

Chief Judicial Magistrate, Court No. 1, Varanasi in

Criminal Misc. Case No. 942 of 2020 (Raj Bahadur

Rai vs. Ashutosh Pratap Singh & others) whereby

the application filed by the revisionist under

section 156(3) Cr.P.C. has been rejected.

The counsel for the revisionist argues that in the

application under section 156(3) Cr.P.C. a clear

cognizable case was made out and it was

incumbent upon the Magistrate to either have

directed for lodging the FIR or to have taken

recourse under section 190 Cr.P.C. He has placed

reliance on the judgement of the Supreme Court in

the case of Lalita Kumari vs. Government of U.P.

and others, 2014 (2) SCC 1 as well as the

judgement of this Court dated 26.11.2019 passed

in Criminal Revision No. 4424 of 2019 (