OM PRAKASH SHARMA Vs. STATE OF M. P.
HIGH COURT OF MADHYA PRADESH
OM PRAKASH SHARMA
STATE OF M. P.
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Sheel Nagu,J. -
(1.) Inherent powers of this Court u/S.482 Cr.P.C. are invoked praying for the following relief(s):
"It is, therefore, most humbly prayed that the criminal petition filed by the petitioner may kindly be allowed and directed to the respondents for protection of the property, and the life of the petitioner and also directed to respondents for registration of the cases of the petitioner and fair investigation in the supervision of the learned lower court as per law. Any other relief, which this Hon'ble Court may kindly deem fit and considers necessary in the facts and circumstances of the case may kindly also be granted."
1.1 The question before this Court primarily relates to the extent and nature of power of a Magistrate u/S.156(3) Cr.P.C. while considering grievance either of non-registration of cognizable offence or improper/delayed investigation.
1.2 Other question is of nature and extent of jurisdiction available to Magistrate when an application u/S.156(3) Cr.P.C. is filed along with a complaint u/S.200 Cr.P.C.
(2.) The present case reveals abject apathy and dereliction of duty on the part of Police in failing to register cognizable offence of theft in regard to which information was furnished as early as on 18.11.2019 (vide Annexure P-2) and despite the learned Magistrate passing order dated 23.12.2019 u/S.156(3) Cr.P.C., calling for report from Police Station Picchore, District Gwalior (M.P.). Pertinently while doing so the Magistrate kept the complaint filed by petitioner u/S.200 Cr.P.C. in a state of suspended animation (unregistered).
(3.) The petitioner/complainant herein after unsuccessfully knocking the doors of the Police and as well as Superintendent of Police, Gwalior (M.P.) u/S.154(1) and 154(3) Cr.P.C. respectively, approached the learned Magistrate u/S.156(3) Cr.P.C. by filing application on 23.12.2019 which was subjected to various hearings i.e. 13.01.2020, 05.02.2020, 26.02.2020 and 16.03.2020. On each occasion the police sought and was granted time to submit report in regard to the contents of application u/S.156(3). Thereafter, the matter could not be listed on the next date i.e. 30.03.2020 due to lockdown owing to Covid-19 pandemic. The Magistrate thereafter took up the matter on 10.07.2020 to be again adjourned due to non-resumption of physical hearing in courts. The proceedings u/S.156(3) in the case are now informed to have resumed, but to no avail since FIR has not yet been lodged by the police.
3.1 Pertinently, in this case, Sec.156(3) application and the complaint u/S.200 Cr.P.C. were filed simultaneously by the complainant/petitioner alleging the same offence of theft (Sec.379 IPC). From the record, it appears that the said complaint u/S.200 Cr.P.C. remained unregistered or in a state of suspended animation.
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