SYED SHAHNAWAZ HUSSAIN Vs. STATE

JUDGEMENT

(1.) This petition has been filed under Sec. 482 of the Code of Criminal Procedure ("Cr.P.C.", for short) against the judgment of the learned Special Judge (PC Act), CBI-01(South), Saket Courts, New Delhi dtd. 12/7/2018 dismissing the revision petition preferred by the present petitioner against the orders of the learned Metropolitan Magistrate-05 (South), Saket Courts, New Delhi dtd. 7/7/2018 passed in a complaint case filed by the respondent No.2.

(2.) The relevant facts leading up to the present petition may be briefly stated. The respondent No.2 had filed a complaint case under Sec. 200 Cr.P.C. read with Sec. 190 Cr.P.C. alleging the commission of offences under Sec. 376/328/120B/506 of the Indian Penal Code (IPC for short) by the petitioner herein. Along with the said complaint, she also filed an application under Sec. 156(3) Cr.P.C. seeking directions to the Police for the registration of an FIR against the petitioner for the commission of the said offences under Ss. 376/328/120B/506 IPC. This complaint was filed on 21/6/2018 which was listed before the learned MM on 25/6/2018 when an Action Taken Report (ATR) was called from the SHO. A report was apparently filed by the Police on 4/7/2018 concluding that as per the inquiry the allegations raised by the complainant were not found to be substantiated.

(3.) The grievance of the petitioner is that despite the receipt of this report, the learned MM vide orders dtd. 7/7/2018 directed the registration of an FIR following the decision of the Supreme Court in Lalita Kumari vs. Government of Uttar Pradesh, (2014) 2 SCC 1. On the same day, vide separate orders, two other applications were also disposed of, one seeking the recording of the statement of the complainant under Sec. 164 Cr.P.C. and the other for carrying out the medical examination of the prosecutrix and the alleged accused.