RAJLAXMI Vs. RAMESH KUMAR

JUDGEMENT

(1.) Challenge in this petition is to the order dtd. 23/2/2017, passed in Criminal Revision No. 202 of 2016, whereby learned 3rd Additional Sessions Judge, Durg (C.G.) dismissed the criminal revision filed by petitioner.

(2.) Learned counsel for petitioner submits that petitioner made written complaint on 30/4/2014 before Police Station - Nandini Nagar, Ahiwara, Tahsil - Dhamdha, District - Durg alleging that respondent No.1 obtained her affidavit and committed forgery and she was impersonated by other women in the mutation proceeding initiated before Tahsildar, Ahiwara and got registered the ancestral property in his name after death of her father on 15/6/2007. Police authorities have not taken any cognizance on the complaint submitted by her, therefore, petitioner filed an application under Sec. 156 (3) of Criminal Procedure Code before the Judicial Magistrate First Class, Durg, which was dismissed in an arbitrary manner without considering the provision under Sec. 156 (3) of Cr.P.C. in its entirety. The order rejecting the application under Sec. 156(3) of Cr.P.C. was challenged in revision before the Sessions Court, which also came to be dismissed by the impugned order.

(3.) Learned counsel for petitioner further contended that the offence reported to the Police Station is cognizable offence, therefore, the police authorities were duty bound to register FIR based on the complaint lodged by her. Learned Magistrate erred in dismissing the application under Sec. 156 (3) of Cr.P.C. considering that petitioner has already filed civil suit and the allegations are still to be decided in civil proceeding pending before the Court of competent jurisdiction.