1. The instant petition is preferred to invoke extraordinary jurisdiction vested in this Court under Section 482 of Cr.P.C. inter alia alleging that petitioner was appointed as Home Guard on 01/10/2012 and is presently posted at District Commandant, Home Guard. The petitioner had lodged a complaint for registration of FIR before Superintendent of Police, Surajpur with the allegation that the respondent No.3 Jairam Mandavi, who is Town Inspector of Ramanujnagar exploited her and committed rape by giving false promise of marriage. Thereafter, it is stated that after the commission of offence the petitioner was abused and threatened. Consequently it led to filing a complaint to the Superintendent of Police on 21/07/2014 (Annexure P/2).

2. The report so made by Annexure P/2, wherein the seal and signature of the receipt in the office of Superintendent of Police, Surajpur is appended purports that on 21/07/2014 petitioner joined at Ramanujnagar Police Station, District Surajpur being as a Home Guard holding the Batch No. 380. In the said complaint the petitioner has alleged that after joining on 10/06/2014 Town Inspector Jairam Mandavi allured and gave a false assurance of marriage and other assurance to the petitioner to have physical relations. Subsequently she was physically exploited from 15/06/2014 to 25/06/2014 and thereafter the same state of affairs continued. Subsequent to it, it is stated, she was abused in public and before other people and therefore she made a complained and prayed for justice to punish the culprit, respondent No.3. It was further requested that the call details for ascertain period from 13/06/2014 to 15/06/2014 may be enquired, whereby it would disclose the relation of the petitioner and respondent No.3.

3. When nothing transpired at the end of Superintendent of Police another application was moved to the Inspector General of Police, Surguja Division, making a complaint that despite report made to the Superintendent of Police, Surajpur, no action was taken and threat continued to be extended to the petitioner by the respondent No.3. The said application was given to Inspector General of Police on 25/08/2014 (Annexure P/3). The petitioner further pleaded that in both the complaint no action was taken and thereafter the petitioner approached before the trial Court and filed complaint under Section 200 of CrPC along with an application under Section 156(3) of CrPC for registration of FIR under Sections 376, 493 and 506(B) of IPC and to investigate the matter against the accused. On such application having moved under Section 156(3) of CrPC the concerned trial Court called a report from the Police Station. In response to it, report was submitted by the Police that on investigation no offence was found to be committed by the accused, therefore, neither cognizance was taken nor any crime was registered. Consequently, FIR was not registered against the accused persons.

4. The learned Magistrate taking cognizance of such report held that since the Police had already investigated the matter and nothing was found, consequently on order for registration of FIR under Section 156(3) can be ordered. The said order was subject of challenge before the Revisional Court, Surajpur on the ground that per se the order is illegal and cannot be sustained. It was alleged that the respondent No.3 was in charge of the Police Station as SHO and therefore in colourable exercise of power, the FIR is not being registered. The said revision was also dismissed by the Court of Sessions Judge, Surajpur and it was directed the trial Court to proceed with the complaint filed under Section 200 of CrPC.

5. Shri A.K. Prasad, Advocate appearing on behalf of the petitioner would submit that irrespective of the fact of the complaint case filed before the Court below, the Police was under boundened duty under the provision of CrPC to register an FIR when commission of cognizable offence was brought to the notice of the Police. He contended t