Allahabad High Court
Smt. Phoolwati Devi vs State Of U.P. And 4 Ors. on 7 December, 2019
Author: Ram Krishna Gautam
Bench: Ram Krishna Gautam
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 77 Case :- CRIMINAL REVISION No. - 4501 of 2019 Revisionist :- Smt. Phoolwati Devi Opposite Party :- State Of U.P. And 4 Ors. Counsel for Revisionist :- Sujeet Kumar,Chhaya Gupta Counsel for Opposite Party :- G.A. Hon'ble Ram Krishna Gautam,J.
This revision has been filed by Smt. Phoolwati Devi against order dated 26.9.2019 passed by learned Judicial Magistrate, Mathura in Misc. Application No. 185/2019 (Smt. Phoolwati DeviVs. Suresh and others), under Section 156(3) of Cr.P.C., P.S. Mahawan, District Mathura, whereby application moved under Section 156(3) of Cr.P.C., with a prayer for a direction to police station concerned for registering and investigating above case, was treated to be a complaint case and Magistrate has proceeded with it as a complaint case.
Learned counsel for the applicant argued that in civil suit, applicant had won, even then she was being victimized by accused persons. She had filed a writ before this Court, wherein, direction was made for moving an complaint before Appropriate Authority against Station Officer of police station concerned and this was made but no action was taken. Prior to it, there is also a complaint for occurrence and on the alleged date of 19.8.2019 at about 6:00 A.M. while applicant was on her way from field to her home, those accused persons with one other did intercept her. They pressurized getting her signature over blank paper, which was refused. Then after they outraged her modesty by way of attempt to commit rape with her. She was assaulted in it. Krishna Kumar and many others rushed there. Accused persons extended threat of dire consequences while running from spot. This application was moved with prayer for a direction for getting case crime number registered and investigated. Magistrate passed impugned order, thereby, registered this as a complaint case.
Learned AGA has vehemently opposed the above prayer.
From the very perusal of impugned order, it is apparent that Magistrate has registered application moved under Section 156(3) of Cr.P.C., as a complaint and had decided to proceed in it as a complaint case. This Court in Sukhwasi Vs. State of Uttar Pradesh, reported in 2007 (59) SCC 739 and Apex Court in Mona Pawar Vs. High Court of Judicature at Allahabad through its Registrar, 2011 (2) ALJ 445 has propounded that an application moved under Section 156(3) of Cr.P.C., may be registered as a complaint case by Magistrate. In Aleque Padamsee and others Vs. Union of India and others; (2007) 6 Supreme Court Cases 171, Apex Court has propounded that cognizance taken by Magistrate itself and decision to proceed as a complaint case over an application moved under Section 156(3) of Cr.P.C., is an order within jurisdiction of Magistrate. Accordingly Magistrate under above facts and circumstance given in an application was justice to proceed as a complaint case. Hence, this order as with no error apparent on face of record or under mis-exercise of jurisdiction of Magistrate concerned.
Accordingly, this Revision is being rejected.
Order Date :- 7.12.2019 Kamarjahan