Point of Law: Receipt of the report Magistrate could either close the proceedings on the pretext that FIR vis-à-vis allegations contained in the complaint already stands registered or she could order for registration of case against the accused named in the complaint under appropriate provisions of law.

ORDER :

Being aggrieved and dissatisfied with the order dated 25.11.2021, passed by learned Judicial Magistrate 1st Class, Kasauli, District Solan, Himachal Pradesh, whereby an application under Section 156(3) Cr.P.C, having been filed by the petitioner-complainant (hereinafter referred to as the complainant), came to be dismissed, complainant has approached this Court in the instant proceedings filed under Section 397 read with Section 401 of Cr.P.C, praying therein to quash and set-aside the aforesaid impugned order and direct the learned court below to send the complaint filed under Section 156(3) Cr.P.C for investigation.

2. Precisely, the facts of the case as emerge from the record are that the complainant was living with her Bua (spinster) at village Garkhal in a two storeyed house having three sets. Apart from her Bua, two tenants were also living in the building. Since after the death of her Bua, complainant started living permanently in the house of her Bua at village Garkhal, cousin of her late Bua namely Lalit Mohan objected to the same and made all out efforts to throw her out from the building. Since complainant was constantly harassed and threatened by the relatives of her late Bua, she filed a written complaint to the police at Garkhal on 6.10.2021, but the lady police official of the police post did not take the complaint and only provided her telephone number for assistance. On 8.10.2021, cousin of her late Bua namely Sh. Lalit Mohan alias Montu came to the house alongwith police official namely Sandeep and Montu started arguing with the complainant. Being terrified by the threats of Montu, complainant reported the matter to the police on 9.10.2021 in writing, which was again not accepted by the police and allegedly official namely Sandeep threatened her that he would arrest the complainant and frame a case under several sections. On the same day, complainant visited the police post and submitted a written complaint of her being threatened by person namely Lalit Mohan alias Montu. However, when she came back to her Bua’s house person namely Montu alongwith several male and female persons in furtherance of their common intention entered the house unauthorizedly and gave beatings to the complainant with hand, fist and danda etc. Allegedly, above persons also snatched purse and jewellary of the complainant and also threatened her that they would strip her naked, kill her and burn her alive. Complainant also alleged that while she was confined in the house, constable Sandeep informed the brother-in-law to rescue her as she was being beaten by her relatives. Though, FIR came to be lodged on the complaint of the complainant, but since police did not incorporate the penal sections like 120-B, 342, 354, 394 and 452 of IPC in the FIR against the accused named in the complaint, complainant filed complaint under Section 156(3) Cr.P.C in the court of learned Judicial Magistrate 1st Class, Kasauli, District Solan, H.P.(Annexure P-2). In the aforesaid complaint/application, complainant besides giving complete details with regard to alleged incident as well as names of accused, who constantly harassed and threatened her, requested the Court to order for fresh investigation in the case by some senior police official.

3. Learned Judicial Magistrate 1st Class, Kasauli, District Solan, H.P. having taken cognizance of the complaint called for the report of SHO Kasauli, who reported to the Court below that FIR No.60/2021, dated 10.10.2021, under Sections 448, 148, 509, 323, 427, 506 read with Section 149 and 147 of IPC stands registered at police Station Kasauli. SHO, Kasauli also informed the Court below that at present Dy. S.P., Parwanoo namely Sh. Yogesh Rolta is conducting the investigation in the case and further action shall follow as per law according to the facts of the case.

4. Complainant filed objections to the aforesaid status report filed by the SHO, Kasauli, wherein she again reiterated that investigation is not being co