ASHOK SRIVASTAVA,J. - (1.) THIS criminal revision is directed against the order dated 11.1.2007 passed by the learned Judicial Magistrate-I, Jaunpur whereby the learned Magistrate had declined to the relevant case to proceed as a State case and ordered that the matter pending before it shall proceed as a complaint case.
(2.) THE brief facts of the case are that an application under Section 156 (3) Cr.P.C. was moved before the learned Magistrate by the revisionist. In this application various allegations relating to the demand of dowry and cruelty by the husband and her family members were levelled. The learned Magistrate examined the said application and thereafter he decided to register the said application as a complaint. On 9.3.2005 he passed an order on the said application that the application under Section 156 (3) Cr.P.C. be registered as a complaint case and thereafter 15.3.2005 was fixed for examination of the complainant under Section 200 Cr.P.C. As a consequence, the said case was registered as criminal case no.286 of 2005. On 15.3.2005 the revisionist appeared before the court of the learned Magistrate and got herself examined under Section 200 Cr.P.C., as is evident from the ordersheet of that date. On that date the learned Magistrate passed the following order, which is partly in Hindi. The substantial portion of it is in English, which is quoted below: "Heard Ld counsel for applicant and perused the file. Applicant Vinita Soni has in her statement on oath under Section 200 Cr.P.C. has stated that she has been subjected to cruelty by the in-laws and her husband in connection with demand for dowry." Under these circumstances, looking into the gravity of the offence instead of proceeding under Section 202 Cr.P.C. for statements of other witnesses it will be just to proceed under Section 202 (1) Cr.P.C. S.H.O., Machhalishahar, Jaunpur is directed to investigate the matter. Put up on 18.4.2005 for F.O." The above mentioned order dated 15.3.2005 was transmitted to the S.H.O., Machhalishahar, District Jaunpur. The police of the said police station instead of following the direction given by the Magistrate to inquire into the matter under the provisions of Section 202 (1) Cr.P.C. registered a case under the provisions of Section 154 Cr.P.C., investigated the same and submitted a charge sheet before the learned Magistrate. It has been submitted from the side of the revisionist that when the said charge sheet was put up before the Magistrate concerned, he took cognizance of the case and registered the same as a criminal case as case crime no.8745 of 2005. This fact was brought to the notice of the learned Judicial Magistrate-I, where the complaint case was pending, by opposite party no.2-Sanjay Soni. The learned Magistrate, after hearing both the parties passed an order on 11.1.2007. Learned Magistrate has held that he had directed the police of police station concerned to inquire into the matter under the provisions of Section 202 (1) Cr.P.C. and did not ask that an FIR be lodged under Section 154 Cr.P.C. Since he was of the opinion that an inquiry report in the relevant criminal case should have been submitted to him by the police but the same has not been done, the matter should proceed further keeping in view the provisions laid down under Section 202 Cr.P.C. The learned Magistrate fixed a date for the purpose. Feeling aggrieved by the order dated 11.1.2007 the revisionist has filed this revision. I have heard learned counsel for the parties and also perused the records.
(3.) IT has been submitted from the side of the revisionist that an FIR has been lodged by the police in the case pursuant to the order passed by the learned Magistrate on 15.3.2005 and the matter was investigated and thereafter a charge sheet has been filed. It has further been submitted that cognizance of the offence has been taken by a competent Magistrate on the basis of the charge sheet and, therefore, the case initiated on the basis of the charge sheet should proceed. On the other hand, learned counsel appearing for opposite party nos.2 to 5 has stated that the police of police station concerned had either deliberately or due to its lack of legal knowledge registered a case on the basis of an order to inquire into a case relating to a complaint under the provisions of Section 202 (1) Cr.P.C. This is totally illegal and on the basis of such registration of a case and submission of a charge sheet is illegal because the charge sheet is the product of an illegal action on the part of the police. ;