SUPREME COURT OF INDIA

Before:- M.B. Shah and S.N. Variava, JJ.

Crl. Appeal No. 500 of 2001, Arising out of SLP (Crl.) No.3170/2000. D/d. 12.04.2001.

Joseph Maihuri @ Vishveshwarananda & Anr. - Appellants

Versus

Swami Sachidanand Harisakshi & Anr. - Respondents

Criminal Procedure Code, 1973, Sections 156(3), 190 and 200 - Registration of case - Application under Section 156(3) of Criminal Procedure Code moved by respondent No.1 before Judicial Magistrate for directing appellants to register case against appellants - High Court ignoring Sections 190 and 200 holding that application cannot be treated as a complaint - Further High Court failed to consider previous order passed by Civil Judge - Effect - Impugned order held, is totally erroneous and cannot be sustained in law - Appeal allowed.

[Para ]

JUDGMENT

S.N. Variava, J. - Leave granted.

2. Heard learned counsel for the appearing parties.

3. This appeal is directed against the impugned order dated 3.8.2000 passed by the High Court of Allahabad in Criminal Revision No.1520/2000 filed by respondent No.1 herein. The High Court held that the application under Section 156 (3) of the Criminal Procedure Code moved by respondent No.1 before the Judicial Magistrate, Dehradun for directing appellants to register the case against the appellants cannot be treated as a complaint.

4. The impugned order, on the face of it, is totally erroneous and cannot be sustained in law as the said order ignores Section 190 and Section 200 of the Criminal Procedure Code. Further, the High Court has not considered the previous order dated 19.7.2000 passed by the Civil Judge (Jr. Divn.), Rishikesh.

5. In this view of the matter, the appeal is allowed and the impugned order passed by the High Court is set aside.

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