- (1.) POONAM Srivastava, J. Heard Sri Taha Bin Islam, learned Counsel for the applicant and learned AGA for the State.
(2.) THIS application has been filed challenging the order dated 30-5-2005 passed by learned Magistrate, Meerut and also order dated 17-6-2005 passed by the District Judge, Meerut in Criminal Revision No. 280 of 2005. An application under Section 156 (6) Cr. P. C. was moved before the learned Judicial Magistrate for direction to the police to register a case under Sections 420, 467, 468, 471, 120-B IPC, Police Station Civil Lines, District Meerut. The learned Magistrate rejected the said application on the ground that since in the case of Gulab Chand Upadhyay v. State of U. P. , 2002 (1) JIC 853 (All) : 2002 (44) ACC 670, this Court had ruled that the First Information Report can be registered on an application under Section 156 (3) Cr. P. C. in only three circumstances : (i) where a recovery has to be made in respect of the stolen article, (ii) the accused are not known and (iii) where the evidence is to be collected by holding an investigation. THIS order has been confirmed in revision. This application is finally disposed of on the agreement between Counsel for the applicant and learned AGA. It appears that the Magistrate and learned District Judge have rejected the application on misleading of the judgment in the case of Gulab Chand Upadhyay (supra ). In fact this Court had followed the case of Suresh Chand Jain v. State of M. P. , 2001 (1) JIC 740 (SC) : 2001 (42) ACC 459. It was concluded by the Apex Court that the Magistrate has two options (i) he can direct the police to register the case and investigate the matter and (ii) he can also proceed under Chapter XV of Cr. P. C. The Court had only discussed that there are circumstance where the proceedings under Chapter XV cannot fulfill the requirement and three circumstances were given in paragraph 22 of the judgment. This Court has not imposed a complete bar in lodging of the First Information Report. In the circumstances, I set aside the orders dated 30-5-2005 and 17-6- 2005 and direct the learned Magistrate to decide the application under Section 156 (3) Cr. P. C. afresh. It is for the Magistrate to decide whether a First Information Report should be registered or in the event there is no necessity for the police to enter the realm of investigation or inquiry then he can proceed under Chapter XV of the Code. The Magistrate shall decide afresh in accordance with law. With these observations, this application is finally disposed of. Application disposed of. .;