- (1.) This cluster of petitions have been filed by the aggrieved persons who have been rebuffed by the Magistrate and in some cases by the lower revisional court as well in getting their FIR registered under Section 156(3) Cr.P.C. (herein after referred to as the code). The applicants in all these applications are victims of the alleged malefactors and all these applications raises a common question of law and argument. In all these petitions the applicants have questioned the scope of Section 156(3) Cr.P.C. and the power of the Magistrate there under. The prayer in all these applications are that the impugned orders passed by the concerned Magistrates, and in some cases also by the lower revisional court, refusing to order for registration of FIR on the application filed by various applicants under Section 156(3) Cr.P.C. be set aside and the concerned Magistrates be directed to reconsider the said applications afresh and pass orders in accordance with law. The applicants have also challenged the correctness of the law laid down in Gulab Chand Upadhyay v. State of U.P. 2002 (44) ACC 670 as in their submissions it is per-incurium. Since the arguments and the prayer made in all these cases are similar and identical therefore these applications were clubbed together and are being disposed of by this common judgment.
(2.) Before coming to the contentions raised a narration of the facts are inked below. Criminal Misc. Application No. 6152 of 2006 Smt. Masuman v. State of UP and Ors. The applicant Smt. Masuman wife of Faiz Mohmmad resident of village Rasoolpur police station Billhor district Kanpur Dehat invoked the power of the Chief Judicial Magistrate, Kanpur Dehat on 20.9.2005,through an application under Section 156(3) Cr.P.C. with the allegations that Kallu Pal, Ram Pal, Raju, Munshi Lal, Vipin, Suresh, Jaggi Lal Kushwaha, and Chunna, alleged accused persons are her co-villagers. Her's is the only Mohammadan family in the village. Her husband is old, and fragile. The family earns it's livelyhood by labouring. In the village Pradhan election in the recent past her family had supported the candidature of one Rajjan Singh who had defeated Sanjai in the said election. This had generated a feeling of revenge in the minds of alleged malefactors Kallu Pal, Ram Pal, Raju, Munshi Lal, Vipin, Suresh, Jaggi Lal Kushwaha, and Chunna who all are either relatives or well wishers of aforesaid Sanjai. Bubbling with feeling of revenge, on 7.9.2005 at 8 P.M when all the family members of the applicant except Iqrar, the younger son, were present in the house the aforesaid persons surrounded the house of the applicant vituperising the family. Faiz Mohd. and Mister, husband and elder son of the applicant Masuman were belaboured by raiders when they protested against the hurled abuses. Masuman, the applicant, her daughter Iskiman and grand daughter Afsana tried to save them but Iskiman was thrown on the ground by the alleged accused Kallu, Raju and Chunna caught hold of her hands and Juggi Lai by sliding her clothes above her waist attempted to rape her. Iskiman was also sexually assaulted and molested by Munshi Lal who pressed her breasts and after putting his hands on her private parts tried to lift her. On hue and cry being raised by the victim's family they were saved by the co-villagers who had collected there. The accused left the place of the incident threatening the family with dire consequences. Masuman could not get her FIR registered as she was surrounded in the way by the malefactors and was threatened for her life. Next day morning her husband and son were picked up by the alleged accused persons and were got implicated in a false case of theft. Injured Iskiman and Kumari Afsana got themselves medically examined in Ursala hospital, district Kanpur Nagar. The application of the applicant to the Senior Superintendent of Police, Kanpur Nagar, dated 13.9.2005 yielded no results and therefore the applicant approached the Chief Judicial Magistrate, Kanpur Dehat, through an application under Section 156(3) Cr.P.C. against the respondents alleged accused to get her FIR registered for offences under Sections 376/511/354/323/504/506 IPC and get it investigated by the police. She appended the injury reports of the two injured, her own affidavit and a copy of her application to SSP, Kanpur Nagar along with her application which are filed as annexure No. 1, 2 and 3 to the affidavit filed in support of this application. The aforesaid application of the applicant under Section 156(3) Cr.P.C. was however rejected by the Chief Judicial Magistrate, Kanpur Dehat by the impugned order dated 9.11.2005 (Annexure No. 4) by passing an order as if, he was deciding the case finally. The revision preferred by Masuman being Criminal Revision No. 145 of 2005, too alsb rejected by the lower revisional court vide it's impugned order dated 24.2.2006 (Annexure No. 6) Hence this application to this court under Section 482 Cr.P.C. by the applicant for quashing both the impugned orders and for a direction for fresh consideration of her application under Section 156(3)Cr.P.C. by the Chief Judicial Magistrate, Kanpur Dehat. Criminal Miscellaneous Application No. 1442 of 2006 Uma Dutta Diwedi v. State of U.P.
(3.) This application has been filed by the applicants for quashing of the order dated 18.1.2006 passed by Judicial Magistrate, Mau in Case No. 315 of 2006. By the aforesaid order, annexure No. 7 the trial court has rejected the prayer for registration of FIR on application of the applicant filed under Section 156(3) Cr.P.C. on the ground that the applicant is in the knowledge of complete facts about the incident including the names of the accused and therefore, in view of the judgment in Gulab Chand Upadhyay v. State of U.P. 2002 (1) JIC 853, Allahabad and Ram Babu Gupta v. State of U.P. 2001 (2) JIC 203 the said application was registered as a complaint case and an order for getting statement under Section 200 Cr.P.C. recorded was passed. The facts of the case were that the applicant who is retired railway government servant had very good relations with Virendra Singh, Vinod Kumar Singh and Iftikhar Ahmad. Seema Singh wife of Virendra Singh, who is grand daughter of Jagdish Singh was a teacher in the school started by his grand father. Virendra Singh aforesaid, who is a land mafia had misappropriated Rs. 125000/= which was given to him by the applicant to start a brick kiln. He also got a tractor financed in the name of Vinod Kumar Singh, brother of applicant Uma Dutta Diwedi by deceiving Union Bank, Mazawara Branch and had also obtained signature of the applicant on papers to grab his property and had also committed theft of applicant's suit case. The applicant dispatched many registered letters on 24.12.2004, 27.12.04, 30.12.04 and 31.12.04 but no action was taken against alleged accused so much so that his registered letter dated 24.12.04 to S.S.P. Mau, D.I.G. Azamgarh and I.G. Varanasi range also proved futile in getting the FIR registered. Hence he filed application under Section 156(3) Cr.P.C. on 14.3.2005 annexing therewith the photocopy of forged stamp papers, the copy of the application sent to S.S.P. on 24.12.04 and the registry receipts. The Magistrate however turned down his prayer by passing the impugned order on 18.1.2006. hence this application. Criminal Miscellaneous Application No. 3420 of 2006 Indra Mohan Gautam v. State of U.P. and Ors.;