Hon’ble Vinod Prasad, J.—This cluster of petitions have been filed by the aggrieved persons who have been rebuffed by the Magistrate and in some cases by the lower revisional Court as well in getting their FIR registered under Section 156(3), Cr.P.C. (herein after referred to as the Code). The applicants in all these applications are victims of the alleged malefactors and all these applications raises a common question of law and argument. In all these petitions the applicants have questioned the scope of Section 156(3), Cr.P.C. and the power of the Magistrate thereunder. The prayer in all these applications are that the impugned orders passed by the concerned Magistrates, and in some cases also by the lower revisional Court, refusing to order for registration of FIR on the application filed by various applicants under Section 156(3), Cr.P.C. be set aside and the concerned Magistrates be directed to reconsider the said applications afresh and pass orders in accordance with law. The applicants have also challenged the correctness of the law laid down in Gulab Chand Upadhyay v. State of U.P., 2002 (44) ACC 670 as in their submissions it is per-incurium. Since the arguments and the prayer made in all these cases are similar and identical therefore these applications were clubbed together and are being disposed of by this common judgment.

2. Before coming to the contentions raised a narration of the facts are inked below :

Criminal Misc. Application No. 6152 of 2006

Smt. Masuman v. State of U.P. and others.

3. The applicant Smt. Masuman wife of Faiz Mohmmad resident of village Rasoolpur police station Billhor district Kanpur Dehat invoked the power of the Chief Judicial Magistrate, Kanpur Dehat on 20.9.2005, through an application under Section 156 (3), Cr.P.C. with the allegations that Kallu Pal, Ram Pal, Raju, Munshi Lal, Vipin, Suresh, Jaggi Lal Kushwaha, and Chunna, alleged accused persons are her co-villagers. Her’s is the only Mohammadan family in the village. Her husband is old, and fragile. The family earns it’s livelihood by labouring. In the village Pradhan election in the recent past her family had supported the candidature of one Rajjan Singh who had defeated Sanjai in the said election. This had generated a feeling of revenge in the minds of alleged malefactors Kallu Pal, Ram Pal, Raju , Munshi Lal, Vipin, Suresh, Jaggi Lal Kushwaha, and Chunna who all are either relatives or well wishers of aforesaid Sanjai. Bubbling with feeling of revenge, on 7.9.2005 at 8 p.m. when all the family members of the applicant except Iqrar, the younger son, were present in the house the aforesaid persons surrounded the house of the applicant vituperising the family. Faiz Mohd. and Mister, husband and elder son of the applicant Masuman were belaboured by raiders when they protested against the hurled abuses. Masuman, the applicant, her daughter Iskiman and grand daughter Afsana tried to save them but Iskiman was thrown on the ground by the alleged accused. Kallu, Raju and Chunna caught hold of her hands and Juggi Lal by sliding her clothes above her waist attempted to rape her. Iskiman was also sexually assaulted and molested by Munshi Lal who pressed her breasts and after putting his hands on her private parts tried to lift her. On hue and cry being raised by the victim’s family they were saved by the co-villagers who had collected there. The accused left the place of the incident threatening the family with dire consequences. Masuman could not get her FIR registered as she was surrounded in the way by the malefactors and was threatened for her life. Next day morning her husband and son were picked up by the alleged accused persons and were got implicated in a false case of theft. Injured Iskiman and Kumari Afsana got themselves medically examined in Ursala hospital, district Kanpur Nagar. The application of the applicant to the Senior Superintendent of Police, Kanpur Nagar, dated 13.9.2005 yielded no results and therefore the a