J.J.MUNIR,J. - (1.) This application under Section 482 Cr.P.C., 1973 has been filed from an order of the Judicial Magistrate, Sikohabad, District Firozabad, dated 14.04.2018 passed in Criminal Misc. Application no.510 of 2017, Smt. Reena Devi vs. Sandeep Kumar and others, under Section 156(3) Cr.P.C., 1973 Police Station Matsaina, District Firozabad allowing the same and directing registration of a case under the appropriate provisions of law by the police attended with a further direction to investigate the same.
(2.) The facts giving rise to this application are these that opposite party no.2 filed an application under Section 156(3) Cr.P.C., 1973 on 11.04.2017 alleging therein that on 9th of April, 2017 the applicant along with another unknown man intruded into her house and raped her during day time. The Magistrate called for a report on the said application from the police of Police Station Matsaina, who filed a report saying that the applicant is a relative, a brother-in-law (Nandoi) of the second opposite party, and no incident of the kind as alleged, for a fact occurred; that upon considering the said report, the Judicial Magistrate, Sikohabad rejected the application brought by the second opposite party vide order dated 20.07.2017; that this took the second opposite party in revision to the learned Sessions Judge, Firozabad, where her revision was registered as Criminal Revision no.81 of 2017; that the aforesaid criminal revision was transferred to the determination of the Additional Sessions Judge, Court no.5. Firozabad, who after hearing both parties and perusing the record allowed the revision by his judgment and order dated 15.01.2018, set aside the order dated 20.07.2017 rejecting the second opposite party's application and directed the Magistrate to decide the application preferred before him under Section 156(3) Cr.P.C., 1973 afresh after giving opportunity to both parties; and, that the Judicial Magistrate, Sikohabad, District Firozabad by his order dated 14.04.2018 has proceeded to allow the application under Section 156(3) Cr.P.C., 1973 directing registration of a case as, already said.
(3.) Heard Sri N.S. Chahar, learned counsel for the applicant in support of the application and Sri M.P. Singh Gaur, learned A.G.A. appearing on behalf of the State.;