- (1.) Heard Mr. Kharag Singh, 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 26th January, 2019 passed by the Chief Judicial Magistrate, Rampur in Criminal Misc. Case No. 737 of 2019 (Natthu Lal Vs. Constable Vivek and Others), Registration No. 1814 of 2019, 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 case of revisionist is that opposite party no.2 and wife of opposite party no.3 had kept enmity with the deceased Chandrabhan due to their illegal relationship as the deceased Chandrabhan was well acquainted with the illegal relationship between them and one day, he told to opposite party no.2 that he would disclose about the same to opposite party no.3 qua his illegal relationship with the wife of opposite party no.3. The wife of the deceased, namely, Sm. Asmita had also seen the illegal relationship of opposite party nos. 2 and wife of opposite party no.3. Two independent witnesses, namely, Rajpal and Rampal had also seen the said illegal relationship. They had also seen that opposite party nos. 2 and 3 were throwing the dead body of the deceased. Therefore, the revisionist has strong suspicion that the death of the deceased Chandrabhan did not take place due to electric shock, he was murdered by opposite party no.2 and opposite party no.3. It is further submitted that the Police of the concerned Police Station had taken the signatures of the son of revisionist, namely, Surajbhan on a blank paper forcibly upon which the first information report dated 10th September, 2019 has been lodged by the Police of concerned Police Station in which the cause of death has been mentioned as a result of electric shock. . It is further submitted that photographs of the body of the deceased also indicate that cause of death of the deceased was not due to electric shock, as stated in the first information report lodged by the Police. The revisionist has made complaint to the Superintendent of Police, Rampur but he has not taken any steps in that regard. After moving various applications before the various authorities, he moved an application under Section 156 (3) Cr.P.C . before the Chief Judicial Magistrate, Rampur on 23rd October, 2019 for lodging of the first information report against opposite party nos. 2 and 3. However, without considering the contents of the application and statements of the witnesses, the concerned Magistrate has illegally rejected the application of the revisionist under Section 156 (3) Cr.PC . Only on the basis of enquiry and post mortem reports submitted by the Police. It is vehemently contended by the learned counsel for the revisionist 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.;