SUMITRA DEVI Vs. STATE OF U.P.

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been filed by the petitioner with the prayer to quash the order dated 12.06.2019 passed by Sessions Judge, Jaunpur in criminal revision no.252 of 2018 (Sumitra Vs. State of U.P. and 7 Others) as well as order dated 28.9.2018 passed by Judicial Magistrate-I, Jaunpur in Case No.188 of 2018 (Sumitra Vs. Jeet Lal and others). Further prayer has been made to direct the concerned Police to register the case against the accused and to investigate the matter.

(2.) Heard Sri Manish Kumar Tripathi, learned counsel for the petitioner and learned A.G.A. for the State. Submission of learned counsel for the petitioner was that application under section 156 (3) Cr.P.C. moved by the petitioner was illegally and arbitrarily treated as complaint by the Magistrate concerned vide order dated 28.9.2018. A criminal revision was filed which was also dismissed on insufficient grounds. It was further argued that it was incumbent upon the Magistrate concerned to direct the concerned police to lodge the F.I.R. on the basis of application moved under section 156 (3) Cr.P.C. on behalf of the applicant. Referring to the above facts, it was submitted that the Magistrate concerned as well as the lower revisional court have committed illegality in passing the impugned orders. In support of his contention, reliance was also placed by the learned counsel for the petitioner on the following case laws :

(3.) In Jai Singh (supra) case, while dealing with the bail application, this Court directed the Police Authorities to issue circular to the effect that if any application regarding cross-version is brought forth by accused side, the same be registered and investigated.