The main legal point established is that the Magistrate is empowered to direct the registration of a first information report and a proper investigation when an aggrieved person files an application under Section 156 (3) Cr.P.C. alleging a cognizable offence, and the police has not registered the first information report.

Naheed Ara Moonis, J.;-

Heard the learned counsel for the revisionist, learned A.G.A. and perused the record.

2. This revision has been preferred by the revisionist against the order dated 24.1.2012 passed in Criminal Case No. 28 of 2012 whereby the application moved under Section 156 (3) Cr.P.C. was treated as complaint by the Judicial Magistrate, Chakia, Chandauli and proceeded to record the statement under Section 200 Cr.P.C. It is submitted by the learned counsel for the complainant that the complainant is the victim in the case who had moved an application under Section 156 (3) Cr.P.C. on 28.11.2011 that at about 11 A.M. on 12.11.2011 when he was about to go to Gramin Bank to deposit Rs. 20,000/- towards payment of loan the accused persons entered into the house on account of dispute of landed property and used filthy language and assaulted him with kicks and fists and lathi. One of the accused Amit Tiwari had assaulted him with lathi resulting in injury on his right hand and they had also taken away Rs. 20,000/- cash threatening him of dire consequence. The complainant got his medical examination and in X-ray meta corpel bone of right hand was found fractured. He tried to lodge a first information report but no report was lodged. He had also sent a registered complaint to the Superintendent of Police, Chandauli even then no action was taken by the police though a cognizable offence has been made out against the accused persons. The court below instead of directing for investigation by the police has sought report from the police station concerned who had given report that no first information report has been registered in this regard. The court below merely on the ground that the medical has been conducted after two days of which the complainant has not given any cogent explanation and the incident is in the knowledge of the complainant, which requires no investigation by the police further relying upon the Division Bench of this Court in Sukhbasi Lal Vs. State treated the same as complaint.

3. The submission of the learned counsel for the revisionist is that the complainant is an old man who has tried to lodge the first information report but his report was not registered on account of the influence of the accused persons and when he moved an application under Section 156 (3) Cr.P.C. the learned Magistrate instead of directing for registration of the first information report treated the same as complaint, though cognizable offence is made out against them, therefore, the order passed by the court below is unsustainable in the eye of law.

4. Per contra learned A.G.A. has contended that the order passed by the court below suffers from no error. The learned Magistrate is well within his power to treat the same as complaint. When an application moved under Section 156 (3) Cr.P.C. it is not necessary to direct in every case to register the first information report and in view of the decision of this court in Sukhbasi's case the court below has treated the same as complaint.

5. I have considered the submission of the learned counsel for the parties. On the application moved under Section 156 (3) Cr.P.C. the Magistrate is empowered to call for a report from the concern police station. Section 156 (3) Cr.P.C. states "any Magistrate empowered under Section 190 may order such an investigation as above mentioned" if an aggrieved person files an application under Section 156 (3) Cr.P.C. before the Magistrate concern the Magistrate can direct the first information report to be registered and also can direct a proper investigation to be made in case where according to the aggrieved person the police has not registered the first information report. The learned Magistrate in the peculiar circumstances of the case could have directed the police concern to inquire into the matter. The Magistrate is himself empowered to inquire into such matter where allegation spells out commission of cognizable offence as to why the first information report

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