- (1.) VINOD Prasad, J. The revisionist Smt. Pushpa has challenged the order dated 26-10-2006 passed by Upper Mukhya Nyayik Magistrate, Hapur Ghazibad in Criminal Miscellaneous case No. 2189 of 2006 (Pushpa v. Subodh Tyagi and Ors.) by which her application under Section 156 (3) Cr. P. C. was ordered to be registered as a complaint case instead of directing her F. I. R. to be registered.
(2.) THE narration of facts are that an application under Section 156 (3) Cr. P. C. was filed by Smt. Pushpa against Subodh Tyagi, Om Prakash Tyagi, Jagdish Tyagi and Sri Chandra in the Court of A. C. J. M. , Hapur on 3-10-2006 with the allegations that she is a pardanashin lady and the alleged accused persons were resident of her own village and they are criminals and history, sheeters, who indulge into abduction murder etc. Because of their illegal activity there is terror of the accused persons in the area. On 19-9-2006 at 6. 00 p. m. the revisionist applicant Smt. Pushpa was preparing food of her small children in her house. Her husband had gone out with some work. At that time the alleged malefactors accompanied by two other unknown persons entered into the house of the revisionist applicant Smt. Pushpa hurling filthily abuses and thereafter Subodh, one of the accused, caught hold of her by breast, two other accused Jagdish Tyagi and Sri Chandra threw her on the ground and Subodh attempted to commit rape on her. Her children raised hue and cry on which the husband of the victim and one Uttam Singh alongwith co-neighbours collected on the spot. The accused persons failing in their attempt to commit rape on the victim bet her with kicks and fists and then left the house. The victim went to lodged the F. I. R. but her F. I. R. was not registered by the police. Thereafter the victim got herself medically examined in UPHC, Hapur, District Ghaziabad on 20-9- 2006 vide Annexure No. 2 to the affidavit filed in support of this application, in which the injures has been found on her breast right upper arm and forearm.
(3.) WITH such allegations the revisionist had approached the Magistrate for getting her F. I. R. registered. The Magistrate refused to direct registration of a F. I. R. and treated her application as a complaint and directed her to lead evidence under Section 200 Cr. P. C. by passing the impugned, order, which has been assailed in the present revision. Heard learned Counsel for the revisionist and the learned A. G. A.;