JUDGEMENT
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(1.)THIS revision under Section 397 (1) has been filed against the order of the Chief Judicial Magistrate, Jalaun at Orai dated 4-5-2009, wherein he has rejected the application (Paper No. 75 Kha) made by the revisionist for the proceedings in Crime Case no. 2384 of 2008 being stayed till further investigation reports are received. Facts relevant for deciding the present revision are as follows:
(2.)ONE Ashok Jatav made an application under Section 156 (3) Cr. P. C. before the Chief judicial Magistrate, Jalaun at Orai on 16-1-2008, which was numbered as Misc. Application No. 22 of 2008, alleging therein that police has not taken any action on the application made by the applicant qua the criminal acts as reported in the application against the present revisionist. On the said application the Chief Judicial Magistrate called for report from the concerned police station. The police submitted its report and thereafter the Chief Judicial Magistrate vide order dated 30. 01. 2008 directed that a report be lodged and investigation be made. In compliance of the said order a report was lodged, which was registered as Crime Case no. 69 of 2008 under Sections 147,148, 302 ipc read with 3 (2) (v ). SC/st Act. Investigation was initiated and the statement of Sri ashok Jatav was recorded under Section 161 cr. P. C. along with other persons. The police, after investigation, submitted a final report on 21-4-2008.
(3.)SRI Ashok Jatav filed a protest petition. While the matter was pending at that stage Sri Ashok Jatav is stated to have made an application before the State Government alleging that the investigation has not been properly carried out and that further investigation be directed to be conducted by some other Police Officer. The Inspector General of Police (Lok Shikayat), Lucknow forwarded the complaint of Ashok Jatav to the Superintendent of Police, Jataun with the direction that further investigation be got carried out by some other Circle Officer. Accordingly, Circle Officer, Kalpi vide letter dated 31-5-2008 was directed to carry out further investigation. Thereafter the Superintendent of Police, Jalauh vide order dated 3-6-2008 transferred the investigation of crime Case No. 69 of 2008 to the Circle Officer, Madhogarh. On the application made by the Circle Office^, Madhogarh, the Chief judicial Magistrate vide order dated 6-11-2008 permitted the return of the case dtary in accordance with law,
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