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2017 Supreme(Chh) 414

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAJENDRA CHANDRA SINGH SAMANT, J.
Nirupama Bajpai D/o Late Gayaprasad Baipai - Petitioner
Versus
Jugal Kishore Gilda - Respondents
CRMP No.34 of 2016
Decided On : 27-07-2017

Advocates Appeared:
For the Petitioner:Shri Pramod Verma, Sr. Advocate with Shri Vimlesh Bajpai, Advocate.
For the Respondent:Shri Nirmal Kumar Shukla, Sr. Advocate with Shri Prasun Kumar Bhaduri, Shri Ashish Shukla, Govt. Advocate.

Headnote:

Constitution of India,1950 - Article 226/227 - Criminal Procedure Code,1973 - Sections 155, 156 (3) , 401 , 397 and 482 - Praying for direction be issued - Discloses commission of cognizable offence - Quash the FIR - Petitioner submits that she filed a written complaint in P.S. Chakarbhata on 13.01.2015, alleging in it that at about 1:30 p.m. in the afternoon, she met with respondent No.1 to have some discussions, during which respondent No.1 misbehaved, used abusive language and pushed her with hands and also threatened her. Feeling insulted, she filed a complaint and requested for action to be taken against respondent No.1. to P.S. Chakarbhata reported - Petitioner filed an application under Section 156 (3) of Cr.P.C. before the Court of Judicial Magistrate First Class - Court of Judicial Magistrate First Class, Bilha passed an order dated 17.08.2015 and has dismissed the application of the petitioner – Held, order if entertained in a revision, cannot be set aside by the Sessions Court. But the case would be different, when a Magistrate rejects the application under Section 156(3) of Cr.P.C., in such a case the ratio laid down in Amarnath (supra) shall not be applicable and the Court of Sessions shall be competent to entertain and decide the revision petition. On the basis of the reasons aforementioned and the finding arrived at in this petition, there is no need to go into the merits of the case because the revisional jurisdiction is yet to be exercised - Petition stands disposed off

ORDER :

Heard.

1. Learned counsel for the petitioner submits that she filed a written complaint in P.S. Chakarbhata on 13.01.2015, alleging in it that at about 1:30 p.m. in the afternoon, she met with respondent No.1 to have some discussions, during which respondent No.1 misbehaved, used abusive language and pushed her with hands and also threatened her. Feeling insulted, she filed a complaint and requested for action to be taken against respondent No.1. to P.S. Chakarbhata reported under Section 155 of Cr.P.C was given by P.S. Chakarbhata that no offence is made out.

2. Petitioner filed an application under Section 156 (3) of Cr.P.C. before the Court of Judicial Magistrate First Class, Bilha on 21.07.2015 praying for direction be issued to the concerned police-station to lodge FIR against respondent No.1 for offence under Section 354 of IPC.

3. The Court of Judicial Magistrate First Class, Bilha passed an order dated 17.08.2015 and has dismissed the application of the petitioner. This order was challenged before the Court of Additional Sessions Judge (F.T.C.), Bilaspur in revision petition. An order was passed dated 01.10.2015 in unregistered Revision Petition holding that the Court of Sessions does not have jurisdiction to entertain revision petition for an order passed on application under Section 156(3) of Cr.P.C. referring to the judgment passed in Amarnath Agrawal Vs. Jai Singh Agrawal and others in WPCR No.116/2013 & 149/2014.

4. It is submitted by counsel for petitioner that the order passed by the Courts below is bad in law. The complaint made by the petitioner discloses commission of cognizable offence, hence, it is submitted that the revisional Court below has misconceived the order passed by this Court in Amarnath Agrawal (supra), hence, appropriate order may be passed.

5. Counsel for respondent No.1 submits that there is no illegality in the orders passed by the Courts below. The complaint made by the petitioner on 13.01.2015 does not disclose commission of any cognizable offence. The complaint made by petitioner was frivolous, any action taken or proposed to be taken would itself amount to abuse of process of law. It is clearly demonstrated that the first complaint made to the police on 13.01.2015 (Annexure P/2), then the application was filed before the Court after lapse of two months, was improved in contents. The enquiry report was called from P.S. Chakarbhata on the application filed by the petitioner and the report RR/1 dated 07.09.2015 was submitted before the Court in which the P.S. Chakarbhata has clearly reported that no offence is made out.

6. Reliance has been placed on the judgments of Tarkeshwar Sahu Vs. State of Bihar (Now Jharkhand) reported in (2006) 8 Supreme Court Cases 560, Ramdev Food Products Private Limited Vs. State of Gujarat reported in (2015) 6 Supreme Court Cases 439, Priyanka Shrivastava and anther Vs. State of Uttar Pradesh and Ors. reported in (2015) 6 Supreme Court Cases 287, Raju Pandurang Mahale Vs. State of Maharashtra reported in AIR 2004 Supreme Court 1677.

7. In reply, reliance has been placed on the judgment of Allahabad High Court in Nirmal Singh Vs. State of U.P & Ors., reported in 1978 CRLJ 226.

8. Before adverting on grounds raised in the petition, the serious question to be considered in this case is whether the order passed by the Sessions Court holding that Sessions Court does not have revisional jurisdiction over any order passed under Section 156(3) of Cr.P.C., needs consideration.

9. In the judgment of this Court Amarnath Agrawal (supra) in W.P.(Cr.) No.149/14 and W.P.(Cr.) No.116/13 between the same parties dated 10.02.2015, it was observed as under :

“The moot question is if a revision application against mere registration of FIR by the police is not maintainable whether such revision would be held maintainable when the Magistrate only directs registration of FIR. In the opinion of this Court, the answer is an emphatic No. Exercise of revisory power conferred by the Court un







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