The wide scope of the Magistrate's power under Section 156(3) CrPC to ensure a proper investigation, the need for an affidavit to support the application under Section 156(3), and the court's duty to verify the truth and veracity of the allegations.

JUDGMENT :

1. The petitioners in the instant petition have invoked inherent power of this court enshrined under section 482 Cr.PC seeking quashment of complaint filed by the respondent herein under Section 156(3) Cr.PC titled as “Sabha Sheikh Versus Dilshad Sheikh and others” filed before the court of City Munsiff Srinagar (for short the Magistrate) along with order dated 3.10.2022 (for short impugned order) passed therein.

2. The facts discernable from the record of the petition would reveal that the respondent herein is the daughter of petitioner 1 herein and sister of petitioners 2 and 3 being successors-in-interest of one Javed Sheikh, who has died in the year 1986.

3. It is being stated that the respondent herein has not been in good terms with the petitioners herein, having been litigating with the petitioners herein in respect of various properties left behind by the above named deceased Javed Sheikh.

4. It is being stated that the respondent herein earlier filed a complaint before Chief Judicial Magistrate Srinagar against the petitioner 1 herein whereupon cognizance for offences under section 447 Indian Penal Code, is stated to have been taken vide order dated 5.11.2021. The said complaint as also the order of cognizance dated 5.11.2021 is stated to have been thrown challenge to by the petitioner 1 herein before this court in CRM (M) 403 of 2021, which came to be disposed of by this court on 20.4.2022 quashing the complaint supra and proceedings emanating therefrom.

5. It is being next stated that faced with the dismissal of the complaint supra, the respondent herein, being a resident of New Delhi, flew to Srinagar, and started illegal activities and committed offences against the petitioner 1, which necessitated filing of a complaint by the petitioner herein before the police station concerned on 10.5.2022. The said complaint is stated to have been followed by another complaint by the petitioner 1 herein on 16.6.2022 before the police station concerned after the respondent herein threatened the petitioner 1 of physical assault and direct consequences.

6. It is being further stated that the respondent herein filed an application before the Revenue authorities on 24.5.2022 for partition of the properties situated at Nursing Garh and Kothi Bagh whereupon the Tehsildar South, Srinagar, is stated to have passed an ex parte order on 24.6.2022 constituting a team for carrying out the partition of the property on 28.6.2022, aggrieved whereof the petitioner is stated to have filed an application for recalling of the said order before the Tehsildar on 27.6.2022 and the said order was consequently recalled.

7. It is being further stated that the respondent herein also filed a suit for partition of the properties left behind by her deceased father in the court of Principal District Judge Srinagar which suit came to be transferred for adjudication of the court Chief Judicial Magistrate Srinagar.

8. It is being next stated that the respondent herein having failed to obtain any relief from the courts filed an application under section 156 (3) Cr.PC seeking therein a direction to the SHO, Police Station, Crime Branch, for taking necessary action having alleged in the complaint that her signatures were forged and a writ petition was withdrawn way back in the year 2015. The said complaint is stated to have been disposed of by the court of City Judge/JMIC Srinagar holding that on preliminary enquiry in the matter, before proceeding ahead in the case it is desirable to directed SHO police station concerned to conduct a preliminary enquiry in the matter and in case commission of a cognizable offence is made out upon conclusion of enquiry, he shall register an FIR in the matter and file a report in the case. The petitioners claim to have no information and knowledge about the filing of the aforesaid application and stated to have come to know about it only after they came to be summoned by the Crime Branch in this regard.

9. It is being further st