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2011 Supreme(All) 2834

[2011(11) ADJ 799]
ALLAHABAD HIGH COURT
N.A. MOONIS, J.
ABDUL SAMAD ….Applicant
Versus
STATE OF U.P. …Opposite Party
(Criminal Misc. Application No. 25318 of 2011, decided on 17th October, 2011)

Advocates:
Raj Kumar for the Applicant; A.G.A. for the Opposite Party.

Headnote:(A) Criminal Procedure Code, 1973—Sections 402, 156(3), 156 (2), 154, 190(1)(2), 201, 177, 178, 179 and 180—(Indian) Penal Code, 1860—Section 498-A—FIR—Lodging of—Application for—Rejection of—CJM sought police report—A report submitted by I.O. that no occurrence had taken place at place 'D'—Incident found false—No incident taken place at concerned police place—Merely concerned police station had given report that no incident had taken place within said police station would not thwart locus standi of victim from taking cognizance by concerned Court—A perusal of application filed under Section 156(3) of Cr.P.C. partly discloses commission of cognizable offence at place 'M' and partly at place 'B'—Officer in charge of police station concern and Magistrate concern would firstly have registered case—And would have directed matter to be investigated—Allegations made in complaint is of such nature which is a continuing offence—And non registration of FIR—That concerned police station has no territorial jurisdiction over the place of occurrence would amount dereliction from duty—Magistrate cannot pass on buck upon others by rejecting application under Section 156(3) of Cr.P.C. [Paras 4, 7, 9 and 11]

       (B) Criminal Trial—FIR—Object of—It is to put police in motion in order to investigate into crime. [Para 9]

       (C) Criminal Trial—FIR—Evidentiary value of—It is not very much—As it is not a substantive piece of evidence—But, its value depends on circumstances of each case—Including nature of crime and position of informant. [Para 9]

       

JUDGMENT

Hon’ble N.A. Moonis, J.—Supplementary affidavit filed on behalf of the applicant be kept on record.

2. By means of the instant application, the applicant has invoked inherent jurisdiction of this Court under Section 482 Cr.P.C. with a prayer to quash the order dated 7.4.2011 passed by the learned Chief Judicial Magistrate Bulandshahar in Misc. Application No. 245 of 2011 whereby the application moved by the applicant under Section 156 (3) Cr.P.C. was rejected.

3. In a nutshell, the prosecution story is that the applicant who is the complainant filed an application under Section 156 (3) Cr.P.C. before the Court of Chief Judicial Magistrate Bulandshahar on 25.2.2011 with the accusation that his daughter Rehana was married with Yusuf resident of Aurangabad Police Station Bhawanapur District Meerut on 17.5.2011 according to the Muslim Custom and Rites. At the time of marriage, sufficient dowry in cash and kind was given by the applicant. The in-laws of the daughter of the applicant were harassing and torturing for fetching more dowry. The victim went on bearing the brunt of husband and in-laws and was subjected to thrashing and forcing her to fulfil their demand of dowry. The respectable persons of both sides intervened on various occasions and made their best possible efforts to harmonise their differences. On 4.1.2011, the victim was thrashed with kick and fist by her husband and in-laws and was ousted from the matrimonial house. The victim was again taken back by the husband and the in-laws on the intervention of some dignified persons of the locality. On 18.2.2011 the husband and the family members of in-laws again thrashed her with kick and fist, even the husband Yusuf strangulated the victim by tethering her throat with the intention of putting end to her life. On the intervention of village folk, the victim was saved. On the same day at about 9.00 a.m., the victim was taken at Dhameda Police Station Kotwali Nagar District Bulandshahar in a vehicle by Yusuf, Shakir (father in law) and Anus (Devar) where she was again thrashed with iron rod (Sariya) and Danda. The said incident was witnessed by Harun son of Idris and Hasrat son of Hamid and other people of the village. On account of their intervention, the victim was saved from their clutches. While disappearing from the scene of occurrence, the husband and the family members of the in-laws again threatened the victim to fetch Rs. 1.00 Lac or Car otherwise her life will be ended. The said incident was informed to the applicant by Harun who had seen the inhuman and brutal act of the husband and the family members of the in-laws. On getting the information, the applicant reached at the place of occurrence and took the victim for medical examination at Government Hospital Bulandshahar. Subsequent thereto, the applicant alongwith victim went at the police station Kotwali Nagar to lodge the first information report but no report was lodged at the police station Kotwali Nagar. The copy of the same was sent to the Senior Superintendent of Police Bulandshahar yet no action was taken. In these circumstances, the applicant filed the application under Section 156 (3) Cr.P.C. before the Chief Judicial Magistrate Bulandshahar with a prayer to direct the police station Kotwali to register and investigate the matter.

4. On the said application, the Chief Judicial Magistrate registered the Case No. 245 of 2011 and sought report from the police station Kotwali District Bulandshahar. A report was submitted by the investigating officer that no occurrence had taken place at Dhameda Adda and the incident alleged to have taken place on 18.2.2011 at 9.00 a.m. was found false. No incident had taken place at the concerned police station. On the basis of the said report, Chief Judicial Magistrate held that the complainant (applicant) is resident of village Sharifpur Police Station Agauta District Bulandshahar and the in-laws of the victim hail from police station Bhawanapur District Meerut. T


















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