IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Revision No. 93 of 2008 Satish Kumar Sharma. …..….. Revisionist. Versus Rakesh Gupta and others. ……….Respondents. Hon’ble Alok Singh, J. Mr. Arvind Vashisth, learned counsel for the revisionist. Mr. Vipul Sharma, learned counsel for the respondents. This criminal revision has been filed by the revisionist under sections 397 & 401 of Code of Criminal of Procedure challenging the order dated 30.04.2008 passed by Chief Judicial Magistrate, Dehradun in Misc. Case no. 71 of 2008 (Satish Kumar Sharma and another Vs. Rakesh Gupta and others) whereby the application under section 156 (3) of Code of Criminal of Procedure seeking direction to lodge First Information Report and to investigate the case was dismissed. On being confronted by this Court Mr. Arvind Vashisht, submitted that of course revisionist could have filed complaint before the Magistrate even after rejection of application under section 156 (3) Code of Criminal of Procedure, since, issue involved in the matter requires thorough investigation by the police, hence, petitioner is approaching this court by way of filing present revision instead of filing complaint before the Magistrate. 2 Mr. Vipul Sharma, appearing for the respondents submitted that as per section 33 of the Sick Industrial Companies (Special Provisions) Act 1985, no court shall take cognizance of any offence except on the complaint in writing of the Secretary, hence, to bypass this provision revisionist wants to take recourse of the First Information Report. I am not entering into the question raised by Mr. Vipul Sharma, at this stage. From the perusal of application under section 156(3) Code of Criminal of Procedure it reveals that revisionist has grievance against the respondent that respondent has illegally transferred the property of company while matter was pending before the BIFR. Learned Trial Court rightly observed that it does not amount to criminal offence requiring investigation. I do not find any illegality or error in the impugned judgment. This court while exercising powers under sections 397 & 401 of Code of Criminal of Procedure is not in a position to re-appreciate the contents of the application seeking the registration of First Information Report. No interference is called for. Revision is dismissed. (Alok Singh, J.) 09.12.2009 SKS