NEELAM DEVI Vs. STATE OF U.P.

JUDGEMENT

(1.) An application under Sec. 156 (3) Cr.P.C. was moved before the learned Additional Chief Judicial Magistrate, Court No.17, Sultanpur, and a report was called from the police station concerned and on the basis of the report the application moved under Sec. 156 (3) Cr.P.C. was rejected vide order dtd. 9/3/2017. Aggrieved by the order, the applicant moved Criminal Revision No.122 of 2017 before the Court of learned Additional Sessions Judge, Court No.6, Sultanpur, which too was rejected vide order dtd. 24/6/2017.

(2.) Sec. 156 (3) Cr.P.C. provides that any Magistrate empowered under sec. 190 Cr.P.C. may order an investigation of any cognizable case.

(3.) Placing reliance on Smt. Masuman vs. State of U.P. and others 2007 ALJ 221, it was vehemently contended by the learned counsel that a Magistrate, was bound to pass an order for registration of the FIR and its investigation by the police on the application under sec. 156 (3) Cr.P.C. as a cognizable offence of serious nature requiring investigation is made out on the basis of averments made in that application. The contention of the learned counsel for the state was that if the application under sec. 156 (3) Cr.P.C. contains the allegations of commission of a cognizable offence, then the Magistrate is under obligation to direct investigation after registration of the FIR in each and every case.