GEETA GUPTA Vs. SAVITA RANI

JUDGEMENT

(1.) GEETA Gupta, the petitioner herein vide instant petition under Section 482/483 of the Code of Criminal Procedure (Cr.P.C) read with Article 227 of the Constitution of India has prayed for setting aside of the impugned order dated 13.9.2010 of learned Metropolitan Magistrate whereby he dismissed the request of the petitioner to issue directions to the police under Section 156(3) Cr.P.C. for registration of FIR against the respondents on the complaint of the petitioner and decided to conduct preliminary inquiry and fixed the matter for recording of the complainant's evidence.

(2.) IT is the case of the complainant that she had filed complaint case No.99/CM/10 against respondent No.1 Savita Rani, DEO, City Zone, MCD, Delhi and Others with the prayer to summon the accused persons to appear and undergo trial for the offences punishable under Section 203/219 read with Section 119/120A and 120B IPC as also under Sections 387/447/34 IPC. The petitioner also moved an application under Section 156(3) Cr.P.C. seeking direction to SHO, P.S. Chandni Mahal to register an FIR on the basis of the complaint under Sections 119/120A/120B/203/219/387/447/34 IPC against the accused persons.

(3.) LEARNED counsel for the respondent, on the other hand, has defended the impugned order. He has submitted that Chapter XII of the Cr.P.C. contains provisions relating to information to the police and their power to investigate, whereas Chapter XV of the Cr.P.C. deals with the procedure to be followed by the Magistrate when a complaint is filed before him. LEARNED counsel contended that once a complaint disclosing commission of offence is filed before the Magistrate, he has two options: (a) either to direct the officer in-charge of the police station to register a case on the basis of the complaint and proceed with the investigation or (b) he can adopt the procedure provided in Chapter XV of the Cr.P.C. LEARNED counsel argued that in the instant case, learned Magistrate has opted for second option to conduct a preliminary inquiry which is in accordance with law and cannot be faulted, particularly when the complainant himself, besides the application under Section 156(3) Cr.P.C., has filed a complaint under Section 200 Cr.P.C. praying that the accused persons be summoned and tried in accordance with law.