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Judgment
Being aggrieved by non-compliance of the order passed by the learned Chief Judicial Magistrate, Sitamarhi in Complaint Case No. 65 of 2019 whereby the complaint was referred to the police for investigation in exercise of powers conferred under Section 156(3) of the Code of Criminal Procedure, the petitioner has filed the present application under Articles 226 and 227 of the Constitution of India for issuance of direction to the respondent-authorities to institute an FIR and investigate the case.
In my considered opinion, the application is totally misconceived. In case, the order of the Magistrate has not been complied with by the Officer-in-Charge of the Police Station, the court of Magistrate has amble jurisdiction under the Code of Criminal Procedure to get his own order executed. The court of Magistrate can also proceed against any person who ventures to defy the judicial order passed by the court. The petitioner cannot invoke the jurisdiction of this Court under Articles 226 and 227 of the Constitution of India seeking execution of the order passed by the sub-ordinate courts.
Accordingly, the application is dismissed.