AKHILESH SHARMA Vs. STATE OF M.P.

JUDGEMENT

(1.) Both the aforesaid petitions filed separately by two accused in Crime No.58/2016 registered at Police Station Maharajpura alleging offence punishable u/Ss.408, 409, 419, 420, 467, 468, 471 and 120-B of IPC involve the same factual and legal matrix and therefore, have been heard together and are being decided by this common order.

(2.) The short question which begs for an answer is that whether non-filing of an affidavit by the complainant disclosing as to whether any attempts were made for lodging the FIR u/s 154(1) and 154(3) Cr.P.C . before filing an application u/s 156(3) of Cr.P.C . before the Magistrate, would render the subsequent order passed by the Magistrate directing the police to register an offence, null and void on the anvil of the law laid down by the Apex Court in Priyanka Shrivastava and another Vs. State of U.P. and Ors. (2015) 6 SCC 287.

(3.) Before adverting to the legal discussion, it would be apt to mention the factual matrix briefly.