IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL CRLR No. 8 of 2009 Umesh Veer Vikram Singh ……..Revisionist Versus State of Uttarakhand and others ….Respondents. Present: Mr. M. S. Bisht, Advocate for the revisionist. Mr. Nandan Arya, AGA for the State of Uttarakhand/respondent no.1. Date of Decision: 28.08.2010 Hon’ble Sudhanshu Dhulia, J(Oral) Heard Mr. M. S. Bisht, Advocate for the revisionist as well as Mr. Nandan Arya, AGA for state of Uttarakhand/respondent no.1. This Criminal Revision has been filed against the order dated 26.11.2008 passed by the Chief Judicial Magistrate, Dehradun in Misc. Case No. 229/2008 Umesh Veer Vikram Singh Vs. Bhuwan Chandra khanduri and others on an application moved by the revisionist under Section 156(3) of Cr.P.C. On the application moved under Section 156(3) of Cr.P.C. the learned Magistrate called for police report and the report stated that no crime as stated has been made out against the respondents under Sections 119, 120B, 166, 167, 196, 417, 420, 463, 464, 465, 468, 477A of IPC. On the basis of the said police report the learned Magistrate in a detail order came to the conclusion that no cognizable offence is made out against the respondent. Therefore, the application under Section 156(3) of Cr.P.C. was rejected. No anomaly as alleged by the revisionist is reflected in the order of the Chief Judicial Magistrate dated 26.11.2008. There is hence no good ground for interference in the present criminal revision. The legal position as to the recourse taken by the court wherein an application has been moved under Section 156(3) of Cr.P.C. has been settled in a catena of decision of the Supreme Court. Reference has been made to only one case law i.e. H. S. Bains, Director, Small Saving-Cum-Deputy Secretary Finance, Punjab, Chandigarh Vs. State (Union Territory of Chandigarh) (1980) 4 SCC 631. As per the above case the recourse taken by the learned Magistrate was definitely an option open before him and this Court therefore finds no anomaly in the order dated 26.11.2008 passed by the court below. The present criminal revision is absolutely devoid of merit and is liable to be dismissed and is hereby dismissed. No order as to costs. The Registry is directed to send a copy of this order to the court concerned for necessary compliance. (Sudhanshu Dhulia, J) 28.08.2010 Kuldeep