FAIZ AHMED Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Dismissal of the writ petition filed by the Appellants challenging the Annexure- A/2 order dated 21/06/2019 passed by the learned Magistrate, directing the Police Officer concerned to register FIR and to proceed with the investigation under Section 156(3) of the Code of Criminal Procedure (in short, ' CrPC '), in respect of the cognizable offences and the subsequent proceedings whereby FIR came to be registered by the Police Officer are put to challenge in this appeal. The main ground of challenge is that the order passed by the Magistrate under Section 156(3) of the CrPC is not correct or sustainable for non-satisfaction of the pre-requirements under Section 154(1) and 154(3) of the CrPC, which has not been correctly appreciated by the learned Single Judge while holding that no such requirement is there in Section 156(3) of the CrPC. It is pointed out that the verdict passed by the learned Single Judge is contrary to the law declared by the Apex Court in Priyanka Srivastava and Another vs. State of Uttar Pradesh and Others 1 and hence the challenge.

(2.) Heard Ms. Sharmila Singhai, the learned counsel appearing for the Appellants and Mr Sudeep Verma, the learned counsel representing the State.

(3.) The crux of the factual sequence which led to the proceeding, as revealed from the materials on record, is that there were some hiccups in the matrimonial relationship between the 1st Appellant and his wife, who is the daughter of the 3rd Respondent, alleging various offences against the Appellants (Appellants No.2 & 3 are the parents of the 1 st Appellant and Appellant No.4 is the maternal uncle). The 3 rd Respondent filed a petition before the learned Magistrate at Bilaspur under Section 156(3) of the CrPC and after considering the same, the learned Magistrate forwarded the same to the Station House Officer, Police Station, Civil Line, Bilaspur / 2nd Respondent directing to register FIR and to investigate. Pursuant to the said order, Annexure-A/4 FIR came to be registered by the 2nd Respondent, against the Appellants, in respect of the offences under Sections 452 , 498A , 294 and 506B , read with Section 34 of the Indian Penal Code. This made the Appellants to approach this Court by filing WP(Cr) No.507/2019, seeking to set aside Annexure-A/2 order passed by the learned Magistrate and to quash the FIR registered by the police with Crime No.504/2019 of the Police Station Civil Line, Bilaspur.