RAM KRISHNA GAUTAM,J. - (1.) This petition under Article 227 of the Constitution of India has been filed by Sudhir Kumar alias Sudhir Singh Chauhan and Shailendra Singh with a prayer for setting aside impugned order dated 25.06.2019, passed by learned Chief Judicial Magistrate at Farrukhabad in Criminal Misc. Application under Section 156(3) Cr.P.C., registered as Misc. Case No. 1389/11/18 (Sudhir Singh Chauhan Vs. Bhanu Prakash, Police Sub Inspector and others) with a further direction for registration and investigation of above case as case crime number.
(2.) Learned counsel for petitioner argued that he had given an application under Section 156(3) Cr.P.C. wherein name of accused Bhanu Prakash and two other Constables were given, but name of two Constables were not under knowledge of petitioner. They did this abuse and assault inside Police Station. Subsequently, a false case was got registered under connivance with one of accused against whom Case Crime No. 552 of 2017 was under investigation and this was got registered upon report of petitioner. Hence, there required registration and investigation as case crime number, but Magistrate in utter defiance of law of Constitution Bench given in Gulab Chand Upadhyaya Vs. State of Uttar Pradesh; 2002 Law Suit (All) 243 as well asLalita Kumar Vs. Government of U.P. and others, 2013 LawSuit (SC) 1030, passed impugned order, wherein application was treated as a complaint case and date of recording statement under Section 200 Cr.P.C. was fixed. It was abuse of process of law and failure of exercise, hence under General Superintendence of this Court over Subordinate Courts under Articles 227 of the Constitution of India, this proceeding with above prayer. Learned A.G.A. has vehemently opposed aforesaid prayer.
(3.) From the very perusal of judgments cited, as above, it is apparent that pith and substance of both the precedents is that if the circumstances and facts, involved in a particular case, is of this nature, which required no investigation, then Magistrate may exercise its jurisdiction for taking cognizance by itself and proceed under Chapter XV of Cr.P.C. as a complaint case, otherwise if some investigation is needed then order for registration and investigation by Station Officer concerned, without taking cognizance, may be passed i.e. it is not mandatory that in each and every application moved under Section 156(3) Cr.P.C., Magistrate is bound to direct for registration and investigation of case crime number.;