Hon'ble Vedpal,J.
Heard learned counsel for the petitioner and learned Additional Government Advocate.
The petitioner is aggrieved by non-registration of his FIR in spite of orders passed by the Magistrate under Section 156 (3) CrPC.
This case is an example of an unfortunate victim who wanted to lodge an FIR against the accused ((one Om Prakash Misra in this case). Since the police of police station Neemgaon, district Kheri, in spite of relentless efforts of the petitioner, did not lodge the FIR., the petitioner approached the Additional Chief Judicial Magistrate-II, Lakhimpur Kheri under Section 156 (3) CrPC. The learned Magistrate directed the police of police station Neemgaon to lodge the report within three days and to investigate the same. Since the police of said police station did not register petitoner's FIR., as such, the petitioner again approached the learned Magistrate and moved application dated 11.08.2009 (Annexure-3) informing that in spite of orders passed by the learned Magistrate, the FIR has not been registered. Even the petitioner informed the Superintendent of Police, Lakhimpur Kheri but to no avail.
Argument advanced by the learned counsel for the petitioner is that it is not only a case of grave non-compliance of the orders of the learned Magistrate dated 04.07.2009 but also shows the highhandedness of the police personnel of police station Neemgaon, district Kheri. He submitted that even the Superintendent of Police, Lakhimpur Kheri chose not to take action on the application moved before him by the petitioner. He stated that the apathetic attitude of the police personnel of the police station concerned as well as the Superintendent of Police, Lakhimpur Kheri has infringed a valuable right of the petitioner to get his FIR registered.
The other limb of argument of learned counsel for the petitioner is that in the case of Sakiri Vasu vs State of U.P. and others reported in [(2008) 1 SCC (Cri) 440] the apex Court has caste a liability upon the Magistrate concern, not only to get his orders complied, but also to direct the police of the police station concerned to do investigation properly and monitor investigation. It is vehemently submitted that the learned Magistrate has also failed in discharge of his responsibility in keeping the application of the petitioner pending for indefinite period.
Issue notice to Superintendent of Police, Lakhimpur Kheri and Station House Officer of P.S. Neemgaon district Kheri to appear before this Court on 9th February 2010 to inform the Court the circumstances as to under which in spite of orders passed by the Additional Chief Judicial Magistrate-II, Lakhimpur Kheri under Section 156 (3) CrPC to lodge FIR of the petitioner, the FIR was not lodged at police station Neemgaon, district Kheri. Notices shall be served upon the Station House Officer and Superintendent of Police, Lakhimpur through Chief Judicial Magistrate concerned.
Also issue notice to Additional Chief Judicial Magistrate-II, Lakhimpur Kheri to remain present before this Court on said date. Notices shall be served upon the Magistrate concerned by the Sessions Judge, Lakhimpur Kheri.
Registrar of this Court to ensure compliance of this order.
List the case again on 9th February 2010.
Order Date :- 18.1.2010 anb