The main legal point established in the judgment is the necessity for judicial reasoning and compliance with Sections 154(1) and 154(3) of the CrPC before resorting to Section 156(3) of the CrPC, as well as the requirement for the application under Section 156(3) to be supported by an affidavit.

JUDGMENT

Urmila Joshi-Phalke, J. - Heard learned counsel Shri M.P.Khajanchi for applicants, learned counsel Shri Raheel Mirza for non-applicant No.2, and learned Additional Public Prosecutor Shri M.J.Khan for non-applicant No.1/State. By consent, the matter is heard finally.

2. By this application under Section 482 of the Code of Criminal Procedure (CrPC), applicants seek following reliefs:

''[a] quash the Criminal Complaint Case No.228 of 2014 filed by the respondent no.2 under Section 156(3) of Criminal Procedure Code against Applicants before learned Judicial Magistrate First Class, Mangrulpir, Distt.Washim;

[b] quash and set aside the order dated 10th February, 2015 passed by learned Judicial Magistrate First Class, Mangrulpir, in the said Criminal Complaint Case No.228 of 2014, and

[c] quash the First Information Report registered by Respondent No.1 - Police Station Officer, Police Station, Mangrulpir, against the applicants for the alleged offences under Sections 166, 167, 403, 406, 409, 417, 420, 465 and 468 read with Section 34 of Indian Penal Code.''

3. As per contention of applicants, non-applicant No.2 filed a criminal complaint bearing No.228/2014 before learned Judicial Magistrate First Class at Mangrulpir seeking direction to register offence against them in view of Section 156(3) of the Code of Criminal Procedure. It is alleged by the complainant that applicants, who were officers and employees of the Municipal Council, Mangrulpir, committed various irregularities during the period from years 2005-2006 to 2009-2010. It is further contention of the complainant that the said irregularities have been noted in the Washim District Local Fund Audit Report of the year 2012 and, therefore, he had lodged report with Mangrulpir Police Station on 10.11.2014 for criminal action against wrong doers. However, since the police have not taken any action, he filed a criminal complaint before learned Judicial Magistrate First Class at Mangrulpir. It is contention of applicants that though no offence is made out against applicants, learned Magistrate without application of mind directed to register First Information Report against applicants. In fact, the President of the Municipal Council has no direct control over day to day financial business of the Municipal Council. A Public Interest Litigation bearing No.54/2013 was also filed before this Court in which initiation of criminal proceedings against office bearers and officers of the Municipal Council for irregularities committed was prayed. Learned Magistrate had not considered the same before issuing directions. As per contention of applicants bare perusal of the order of learned Magistrate would demonstrate that it does not even reflect application of mind by learned Magistrate so as to conclude that cognizable offences are made out. The order passed by learned Magistrate is illegal and not following the due procedure of law. Learned Magistrate committed error in entertaining proceedings under Section 156(3) of the CrPC as there was no compliance under Section 154(3) of the CrPC by the complainant. The complainant also did not file necessary documents to show that there was compliance on the part of the complainant in respect of provisions under Section 154(3) of the CrPC. Before availing recourse under provisions of Section 156(3) of the CrPC, the complainant has to comply provisions of Section 154(3) of the CrPC. Therefore, the order passed by learned Magistrate deserves to be quashed and set aside.

4. In response to notice, the State and the non-applicant 2 supported the order passed by learned Magistrate, it is submitted on behalf of non-applicant 2 that he complied with provisions of Section 154(3) of the CrPC. It is further submitted that bare perusal of Sections 154(3) and 156(3) of the CrPC, reveals that exercise of powers under Section 156(3) of the CrPC is not qualified by any such condition. It is further submitted that non-applicant 2 has filed report to non-applicant No