Court No. - 87
Case :- MATTERS UNDER ARTICLE 227 No. - 9777 of 2019 Petitioner :- Prema Devi Respondent :- State of U.P. and Another Counsel for Petitioner :- Muktesh Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State and perused the record.
The present petition under Article 227 has been filed to quash the order dated 30.08.2019 passed by CJM, Court No. 11, Jaunpur in Complaint Case No. 353 of 2019 and impugned order dated 19.09.2019 passed by Sessions Judge, Jaunpur in Revision No. 120 of 2019 (Prema Devi Vs. State).
Learned counsel for the petitioner submits that the petitioner had filed an application under Section 156 (3) of Cr.P.C., before CJM concerned for investigation, but it was treated as complaint vide impugned order. Learned counsel further submits that allegation requires investigation, hence, it cannot be treated as complaint. Learned counsel further submits that petitioner is a poor lady having no means to contest the criminal proceeding of complaint. Learned counsel further submits that both the courts below have not considered the legal preposition, hence, the order is liable to be set-aside.
Per contra, learned AGA submits that an application filed by the petitioner under Section 156 (3) of Cr.P.C., may be treated in appropriate case by the Magistrate as complaint case. There is no illegality or perversity in the order impugned and the petition is liable to be dismissed.
Record shows that an application under Section 156 (3) of Cr.P.C., was filed by the petitioner (Prema Devi) against O.P. No.2 (Manoj Kumar), with allegation that he committed rape and also beaten her. It is stated in paragraph No. 5, of the application that the petitioner is a poor lady and is not capable to contest the criminal proceeding. In addition to above, it is also stated that her statement is required to be recorded under Section 164 of Cr.P.C., and inspection of place of occurrence is also necessary.
Learned Magistrate relying upon the law laid down by the Division Bench of this Court in case of Sukhwasi Vs. State of U.P. 2007 (59) SCC 739 and Ram Babu Gupta vs. State of Uttar Pradesh 2001 CrLJ 3363, held that investigation by police is not necessary in this case and the registered application as complaint. Record further shows that against the said order, revision was preferred by petitioner and revisional court too relying upon the law laid down in Sukhwasi (supra) and Full Bench decision of this Court in Father Thomas vs. State of U.P. 2011 (2) ALJ 217, also rejected the revision filed by the petitioner.
It is settled principle of law that upon an application U/s 156 (3) Cr.P.C., Magistrate is not expected to pass an order in cursory manner. He is expected to apply his judicial mind.
Record shows that the revisional court as well as Magistrate have applied their proper judicial mind and have passed well discussed and reasoned order.
I am of the view that the order passed by the concerned Magistrate as well as revisional court is valid and legal and requires no interference.
In view of the above, the present petition is dismissed. Order Date :- 18.12.2019 S.K.