DOREY LAL Vs. STATE OF U P

JUDGEMENT

(1.) RAVINDRA Singh, J. Heard Sri K. K. Tewari, learned Counsel for the revisionist and H. A. Alvi, learned A. G. A. assisted by Sri Rakesh Kumar Srivastava and Sri Salil Kumar Srivastava, learned counsel for the opposite parties No. 2 to 8.

(2.) THIS revision has been preferred against the judgment and order dated 20-5-2002, passed by learned Sessions Judge, Lakhimpur Khiri in Criminal Revision No. 73 of 2002, by which the revision was allowed and order dated 16-3-2002, passed by learned Chief Judicial Magistrate, Lakhimpur Khiri directing the S. O. of Police Station, Isha Nagar, District Khiri to register the case and investigate the same as cross case of Crime No. 64 of 2002, in the exercise of the powers conferred under Section 156 (3) Cr. P. C.

(3.) IN view of the facts and circumstances of the case and the submissions made by the learned counsel for the revisionist and the opposite parties, I am of the view that the learned Chief Judicial Magistrate, Lakhimpur Khiri has passed the order dated 16-3-2002 directing the police station concerned to register the case and investigate the same is a perfect order because on the basis of the allegations made in the application under Section 156 (3) Cr. P. C. , prima facie cognizable offence is made out. The impugned order dated 20-5-2002 passed by learned Sessions Judge allowing the Criminal Revision No. 73 of 2002 and setting aside the order dated 16-3-2002 is a illegal because on the basis of the allegations made in the application under Section 156 (3) Cr. P. C. , prima facie cognizable offence is made out and the Law empowers the Court to see only whether on the basis of the allegations made in the application under Section 156 (3) Cr. P. C. , prima facie cognizable offence is made out or not. Learned Sessions Judge did not consider properly the existence of the F. I. R. dated 17-3-2002 which was registered at the Police Station concerned in Case Crime No. 64-A of 2002. According to the provisions of Section 154 (1) Cr. P. C. , the Officer-in-charge of a Police Station is under obligation to register the F. I. R. to the commission of a cognizable offence, it does not require any order of the higher authority or the Court. The powers under Section 156 (3) Cr. P. C. are conferred to the learned Magistrate to enforce the provisions of the Section 154 (1) Cr. P. C. also. IN case any F. I. R. is registered in compliance of the order passed under Section 156 (3) Cr. P. C. and if that order is subsequently set aside by any Court, it will have no effect on F. I. R. and its investigation. So the impugned order dated 20-5-2002 is illegal order which requires interference by this Hon'ble Court.