ISHRAT Vs. STATE OF U P

JUDGEMENT

(1.) VINOD Prasad, J. Heard learned Counsel for the revisionist and the learned A. G. A.

(2.) SMT. Ishrat wife of Arif filed an application under Section 156 (3) Cr. P. C. on 18-9-2006 before C. J. M. Bulandshahr for offences under Sections 452,376,511, 504,506,354, 323 I. P. C. , P. S. Sikandrabad, District Bulandshahr against accused Abdul Haq Shawkeen, Mobin, Kamil, Yamin with the allegations that the alleged accused persons entered into her house forcibly and pushed SMT. Ishrat on the ground and then after tearing off waist tie up (Nara) of her cloths they tried to commit rape on her and molested her. On resistance being shown by her she was beaten as well. Kumari Farah, the nice of the applicant who had reached on the spot hearing shrieks of SMT. Ishrat was also assaulted. SMT. Ishat as well as Kumari Farah sustained grievous injury and got themselves medically examined in Government Hospital, Sikandrabad. The incident was witnessed by Anwar, Fasal and many others. The accused made their escaped good and while escaping they also threatened the lady with her life. SMT. Ishrat informed police of police station Sikandrabad but they did not act as was expected of them. Mohammad Arif, husband of Ishrat also filed an application on 15-9-2006 before S. S. P. Bulandshahr but in vain and no F. I. R. was registered in respect of the said crime. On these facts the application under Section 156 (3) Cr. P. C. was filed by SMT. Ishrat. The Magistrate, C. J. M. Bulandshahr, registered the application and vide impugned order dated 4- 10-2006 refused to direct the police to register the F. I. R. and investigate the offence and treated the said application as a complaint case and registered it as complaint case No. 5702 of 2006. He also ordered for getting the statement under Section 200 Cr. P. C. recorded and fixed 20-12-2006 after a gap of two months for it.

(3.) IN this view of the matter, the present revision is allowed at the admission stage itself. The impugned order dated 4-10-2006 passed by the C. J. M. , Bulandshahr in case No. 5702 of 2006, Ishrat v. Abdul Haq and Ors. , is hereby quashed. C. J. M. Bulandshahr is directed to take up the application of the revisionist Smt. Ishrat under Section 156 (3) Cr. P. C. afresh and pass a reasoned order thereon in accordance with law.