SWATANTRA BAHADUR SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The genesis of the proceedings as has been initiated by the registration of an FIR, being FIR No. 194 of 2014, registered under Sections 420, 467, 468, 471, 504 and 506 IPC at Police Station, Rudrapur, District, Udham Singh Nagar, on 3rd May 2014. In relation to the set of allegation, which have been levelled in the FIR, it would not be out of place to mention that prior to it, there was an initiation of the proceedings by the respondent under Section 156(3) of Cr.P.C. seeking for registration of the FIR, and for a direction to the police authorities to do the needful by registration of the FIR under Section 154 of Code of Criminal Procedure.

(2.) The argument of the learned Senior Counsel for the revisionists is to the effect that in the set of allegations, as levelled in the application under Section 156(3) of Cr.P.C., filed by the complainant before the Chief Judicial Magistrate, District, Udham Singh Nagar, which was registered as Misc. Case No. 56 of 2014, Smt. Prabhawati Devi v. Prem Prakash Singh and others, it is argued by the learned Senior Counsel for the revisionists that on going through the contents of the allegations, as levelled in the application under Section 156(3) of Cr.P.C., there was no set of allegations which was ever remarked or levelled against the present revisionistsm hence until and unless the allegations with regards to the commission of offence in relation to the provisions of law as mentioned above is made out in the application under Section 156(3) of Cr.P.C., they ought not to have been charged by the learned trial Court for the same offences when the allegations were not existing at the time of initiation of 156 Application. However, for the purposes of brevity, it is mentioned that the application as preferred under Section 156(3) of Cr.P.C. was rejected by the Court of Chief Judicial Magistrate by an order dated 25th February 2014, which also subsequently stood affirmed by the dismissal of the revision by the Sessions Court by an order dated 30th April 2014 rendered in Revision No. 77 of 2014, Smt. Prabhawati Devi v. Prem Prakash Singh and others.

(3.) A question, which has emerged for consideration for this Court would be as to what would be the impact of the rejection of 156(3) application under Cr.P.C. of the application which was concurrently rejected by the learned trial Court, as well as, by the revisional Court on the registration of a subsequent FIR, which was registered on 3rd May 2014 as FIR No. 194 of 2014 on 03.05.2014. The said question is not in debate for the reason that the said issues stand settled by a judgement rendered by this Court as rendered in Criminal Misc. Application No. 873 of 2016, Smt. Nidhi Singh and others v. State of Uttarakhand and another, whereby in the bunch of cases was decided and in the said judgement, it has been laid down by the co-ordinate Bench of this Court that mere rejection of an application under Section 156(3) of Cr.P.C. of Cr.P.C. will not result into a situation where an FIR subsequent to it cannot be registered. A reference to the said provision as settled by the said judgement dated 3rd August 2016 is quoted hereunder: