- (1.) Heard Mr. Priyanshu Kumar Srivastava, learned counsel for the revisionist and Mr. Amit Singh, Chauhan, learned A.G.A. for the State.
(2.) The present criminal revision under Section 397 / 401 Cr.P.C. has been filed to quash the impugned order dated 27th November, 2019 passed by the Special Judge (S.C./. S.T. Act ), Bareilly in Misc. Case No. 1117 of 2019 (Hari Shanker Vs. Shishupal), whereby the application made by the revisionist under Section 156 (3) Cr.P.C . has been rejected.
(3.) Learned counsel for the revisionist submits that the marriage of the revisionist was solemnized with Geeta Devi, daughter of Teeka Ram Diwakar on 23rd April, 2019. On 6th August, 2019 at 07:30 a.m., the opposite party no.2 entered into the house of the revisionist and took away his wife forcefully. When revisionist objected, opposite party no.2 also abused and assaulted the revisionist. Opposite party no.2 has also taken away ornaments and Rs. 1000/- cash. Opposite party no.2 immediately went to Police Station for lodging of the first information report but his report has not been registered. Thereafter he made applications to the Senior Superintendent of Police, Bareilly 8th August, 2019, 23rd August, 2019, 17th September, 2019 and 8th October, 2019, but all went in vain. Thereafter the revisionist made an application under Section 156 (3) Cr.P.C . before the concerned Court but the same has also been rejected by the court below vide the impugned order dated 27th November, 2019. It is further submitted that from perusal of the contents made in the application under Section 156 (3) Cr.P.C ., cognizable offence is made out but the court below has illegally rejected the same while passing the impugned order. Since the opposite party no.2 had illegally taken away the wife of revisionist and ornament and cash, as per Section 156 (3) Cr.P.C . the Magistrate is empowered under section 190 Cr.P.C. to direct investigation of any cognizable case. It is vehemently contended by the learned counsel that a Magistrate, was bound to pass an order for registration of the FIR and its investigation by the police on the application under section 156 (3) Cr.P.C . as a cognizable offence of serious nature requiring investigation is made out on the basis of averments made in that application.;