UMESHWAR PANDEY, J. - (1.) HEARD learned Counsel for the applicant and learned A.G.A.
(2.) IN this petition the order dated 15 -4 -2005 of the; learned Sessions Judge, Mathura is under challenge. The learned Counsel contends that the petition under Section 156 (3) Cr. P.C. was given by the petitioner before the Chief Judicial Magistrate concerned disclosing certain facts, which prima facie projects a story of commission of cognizable offence of murder. The Chief Judicial Magistrate concerned after hearing the petitioner did not find force with the prayer made for the direction of investigation in the matter and as such he dismissed the petition. Against that order, it is contended that the petitioner went in revision before the Sessions Judge concerned, who on the same ground has rejected the revision stating that the petitioner did not have any locus for putting in his prayer under Section 156 (3) before the Magistrate. It is submitted by the learned Counsel that such a reasoning, as given by the Courts below, appears to be ridiculous in the light of the provisions of Code of Criminal Procedure, He has referred to the provisions of Section 39 Cr. P.C. and has also drawn the attention of the Court to the provisions of 176 of I.P.C.
(3.) A perusal of the impugned order passed by the revisional Court as well as the order passed by the Chief Judicial Magistrate, shows that both the Courts have concurrently held that the petitioner did not have any locus for moving the Court of Magistrate under Section 156 (3) Cr. P.C. and as such, the petitioner's prayer before both the Courts below has been dismissed. In fact, the story as disclosed in the petition and given before the Magistrate under Section 156 (3) Cr. P.C. states that one Girdhar was murdered by his son and other family members, the knowledge of which was had by the petitioner after some time. This offence being a serious offence of cognizable nature, if has come to the notice of the petitioner, he is definitely bound under Section 39 Cr. P.C. to give the information of the same to the competent Magistrate or the Police officer. The extract of the aforesaid Section 39 (1) Cr. P.C. is as below: Public to give information of certain offences. -(1) Every person, aware of the Commission of, or of the intention of any other person to commit, any offence punishable under any of the following Sections of the Indian Penal Code (45 of I860), namely:........ (v) Section 302, 303 and 304 (that is to say, offences affecting life)......... Shall, in the absence of any reasonable excuse, the burden of proving which excuse shall lie upon the person so aware, forthwith give information to the nearest Magistrate or police office of such Commission or intention; ;