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Judgment
A.P. Sahi, J.—This revision is against the order dated 20.11.2007 whereby the learned A.C.J.M., Bhadohi, Gyanpur has refused to exercise powers under section 156 (3) Cr.P.C.
The facts as disclosed indicate that the applicant had purchased a truck in respect whereof, some agreement was entered into between the applicant and the Finance Company namely Ashok Leyland Finance. The applicant alleges to have made payments in discharge of his obligation and on an absolutely erroneous approach, the vehicle of the applicant was forcibly taken away with the aid of antisocial elements and as such offence is made out.
Learned Counsel for the applicant contends that the action of the Finance company was a criminal act and he has also relied on the decision of the Apex Court which also finds mention in ground No. 10 of the memo of the application under section 156(3) Cr.P.C.
It is true that the Magistrate has a discretion to either reject an application or allow the same or he can also treat the case as a complaint case and proceed to pass an order in case the complaint is either genuine or frivolous. In either of these contingencies, the discretion has to be exercised in view of the law laid down by the Apex Court and this Court which directs that there has to be an application of mind having regard to the allegations made in the application. In such a situation, it cannot be said that the application cannot be entertained after relying on just one paragraph of the complaint.
Accordingly, the order dated 20.11.2007 is set aside and the matter is remanded back to the concerned Court for decision afresh in the light of the observations made hereinabove.
Revision is allowed.
Revision Allowed.