VARINDER SINGH Vs. NIRMALA DEVI

JUDGEMENT

(1.) The present revision petition is directed against the order dtd. 3/2/2024, passed by learned Judicial Magistrate First Class, Baijnath, District Kangra (H.P.) (learned Trial Court), vide which an application under Sec. 156(3) of Criminal Procedure Code (in short "Cr.P.C.") for directing the Station House Officer (in short "SHO") to register the First Information Report (in short "FIR") was dismissed. (The parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

(2.) Briefly stated, the facts giving rise to the present petition are that the Complainant filed a complaint under Sec. 156(3) of the Cr.P.C. seeking a direction to the SHO of Police Station Baijnath, District Kangra (H.P.), to register an FIR and take appropriate action against Nirmala Devi (accused/respondent no. 1). It was asserted that the petitioner was married to Nirmala Devi. Their relationship deteriorated within 8 to 10 days f their marriage. The accused withdrew money from the "Pradhan Mantri Matri Vandana Yojna" scheme by forging the complainant's signature. The supervisor, Manglesh Guleria, knew about the forgery, but he allowed the accused to obtain benefits under the scheme. The complainant made complaints to the Chief Minister's Helpline, the SHO of the Local Police Station Baijnath, District Kangra, the Deputy Superintendent of Police, Kangra, and the CDPO Kangra. However, no action was taken. Consequently, the application was filed to take action against the accused.

(3.) The learned Trial Court held that the documents annexed to the complaint did not establish that the complainant had reported the matter to the SHO, Police Station Baijnath, District Kangra, or that he had failed to take action Since the complainant had not first approached the S O of the Police Station Baijnath, therefore, the application was not maintainable. Hence, the learned Trial C urt dismissed the application as not maintainable.