The Magistrate has discretion under Section 156(3) of Cr.P.C. to determine the necessity of police investigation based on the nature of allegations and available evidence.

JUDGMENT :

(Y. G. KHOBRAGADE, J. )

1. Rule. Rule made returnable forthwith and with the consent of both the parties and heard them finally.

2. By the present Petition under Article 227 of the Constitution of India, the Petitioner has challenged the order dated 28.02.2018, passed by the learned Judicial Magistrate First Class, Jalgaon, in Criminal Misc. Application No. 42 of 2019, whereby the prayer of the Petitioner to issue direction to the Police Station Officer, City Police Station, Jalgaon to register an F.I.R./to conduct investigation came to be turned down and directed to register the complaint under Section 200 of Cr.P.C..

3. Heard at length Mr. Rajendrraa Deshmukh, the learned Senior Counsel for the Petitioner, Mr. Harshal Prakash Randhir, the learned Advocate for Respondent No.1 and Ms. Ashlesha S. Deshmukh, the learned APP for Respondent No.2 State.

4. The learned Senior Advocate canvassed that the present petitioner is working as Class-1 employee with the Government of Maharashtra. In the year, 2016, the Petitioner was working as Private Secretary to the Hon’ble Minister of Public Health Department, State of Maharashtra, whereas, the Respondent No.1 was working as Medical Officer with Primary Health Centre, Patoda, Tq. Chalisgaon, Dist. Jalgaon. On 16.03.2016, Respondent No.1 allegedly visited the Health Minister at Mantralaya, Mumbai, however, on 21.06.2016, Respondent No.1 lodged a false report with Marine Drive Police Station, Mumbai, alleging that on 16.03.2016, when she visited the Petitioner in his Chamber, at that time, the Petitioner outraged her modesty. On the basis of said report, Crime No. 199 of 2016 was registered against the present Petitioner with Marine Drive Police Station, Mumbai for the offences under sections 354(A) and 506 of the Indian Penal Code,1860. The Investigating Officer conducted the investigation, but he has filed “B” summary report on 10-11-2016 for want of intimidatory evidence. However, the learned Chief Metropolitan Magistrate, Mumbai passed an order dated 06.03.2019 and thereby refused to accept the “B” summary report and issued directions for reinvestigation of the said crime and to submit report afresh.

5. The Petitioner filed Criminal Misc. Application No.42 of 2019 before the Judicial Magistrate First Class alleging that, Respondent No.1/accused illegally prepared false and fabricated Governmental documents to implicate the Petitioner due to non co-operation by the Petitioner in her illegal activities while implementing digital PHC Software programme. So also, Respondent No.1/accuseddestroyedthe Government documents. Further, Respondent No. 1 misused her position being Medical Officer and got scratched entries in the Inward and Outward Register, prepared false and bogus leave application and produced fake medical certificate about her ailment though she was unauthorizedly absent from duty and caused loss to the Government. Further, on 13.03.2016, Respondent No.1/accused submitted an application for earned leave w.e.f. 14.03.2016 to 16.03.2016 on the day of Holiday i.e. Sunday. Not only this, but the Respondent accused used blade and whitener to scratch the entry at Sr No. 99 in Outward Register of the office and prepared false and bogus document and availed monetary benefits for her. Therefore, the petitioner obtained copies of the relevant documents under Right to Information Act and lodged a report with City Police Station Jalgaon on 17.07.2018 for the offence punishable under sections 109, 166, 167, 177, 193, 406, 409, 420, 465, 466, 4467, 468, 470, 474,477, 120-B read with section 34 of the Indian Penal Code,1860. However, the Police authority failed to take cognizance of the complaint. Therefore, on 24.07.2018, the Petitioner again submitted reminder to the City Police Station, Jalgaon but no cognizance was taken. Therefore, on 27.07.2018, the petitioner submitted a representation with the Superintendent of Police about the said incident but no cognizance was taken. Therefore,