The main legal point established in the judgment is the need for sparing and cautious exercise of powers under Section 482 Cr.P.C., the maintainability of revision petitions against orders under Section 156(3) Cr.P.C., and the principle that accused persons do not have the right to appear before the Magistrate before summons are issued.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

CRL.M.C. 1052/2022

1. The present petition has been filed under section 482 of Cr. P.C. for setting aside the impugned order dated 06.02.2021 passed by the learned Session Court in Crl. Rev. No. 202/2019, titled "Dilbir Singh Sahrawat & Anr. v. Neelam Phaugat & Anr." wherein the Ld. ASJ remanded the matter back to the learned MM for a fresh hearing. The above said Crl. Rev. petition was filed against the order dated 18.09.2019, wherein the Ld. MM passed an order under Section 156(3) Cr.P.C. and directed SHO, PS Kanjhawala to register the FIR against the accused person in the relevant provisions of law.

2. Briefly stated, the facts as recorded by the Ld. Trial court are that Dalbir Singh Sehrawat was given in adoption by Balbir Singh Sehrawat and Saroj Bala to Jagbir Singh Sehrawat and an adoption deed was executed on 27.02.1982 regarding the same. Jagbir Singh Sehrawat was a Canadian citizen. After adoption Dalbir went to Canada to live with his adoptive parents and in year 1986 he became a Canadian citizen. Dalbir came back to India in 1986 and later pursued LL.B from Delhi University. Thereafter, Dalbir started procuring and acquiring documents showing himself as an Indian citizen and concealing his Canadian citizenship. He obtained Driving licence, Voter I-card, Matriculation certificate, Haryana Domicile certificate and Indian passport representing himself to be an Indian citizen. Dalbir also purchased agricultural land in Village Madanpur Dabas, PO: Rani Khera again by representing himself as Indian Citizen. In the year 2000, Dalbir obtained Indian Passport. He also obtained PAN card and Ration card by representing himself as Indian citizen. Dalbir inherited agricultural land at Village Madanpur Dabas, PO: Rani Khera when Balbir Singh Sehrawat (father of Dalbir) passed away in 2011 but he subsequently transferred the same to his wife and he also sold undivided share in agricultural land in Village Madanpur Dabas, PO: Rani Khera in violation of law. It is further alleged that even Aditi (Dalbir's wife) is a British Citizen who has violated law by acquiring agricultural land in her name. Complaints regarding the cheating and misrepresentations by Dalbir and Aditi were made to the various police authorities but no action was taken by the police and hence, an application u/s 156 (3) Cr.P.C seeking registration of FIR was filed before the Ld. MM, Rohini Courts, Delhi. The Learned MM relied upon the Action Taken Reports filed by the I.O. and the entire material placed on record by the complainant, and found that Dalbir and Aditi have made false representations at various times about their citizenship to various authorities for obtaining undue benefits. Prima-facie it was observed that cognizable offence of cheating has been committed by Aditi and Dalbir in addition to other offences under the Citizenship Act. FEMA, Passport Act etc. and accordingly the application u/s 156 (3) Cr. P. C was allowed to the effect that an FIR be registered against accused persons under the relevant provisions of law.

3. Aggrieved by the order dated 18.09.2029, the Respondent no. 2 & 3 moved a Crl. Rev. Petition before the Ld. Sessions Judge wherein the LD ASJ observed that ld. MM while allowing the application of Complainant had neither considered the facts in the right perspective nor the relevant provisions under which the FIR has been ordered to be lodged. Accordingly, the impugned order dated 18.09.2019 was set aside and the ld. MM was directed to re-hear the application u/s 156(3) Cr.P.C. and pass the order after considering the relevant provisions.

4. Learned counsel for the petitioner submitted that the order of the learned ASJ remitting the case back to the court of Ld. MM is absolutely illegal and in the teeth of the various orders passed by the Hon'ble Supreme Court. Further, it was submitted that the order passed by the Ld. ASJ is a biased order and has been passed without any reasoning and furth