Point of Law : Magistrate while exercising powers under Section 156(3) of the Cr.P.C. cannot act as a post office as the Magistrate has to apply his mind with regard to the fact as to whether the case before it warrant passing of an order for lodging of an FIR on the basis of the information so submitted by the complainant regarding commissioning of cognizable offence.

JUDGMENT :

1. This is a revision purported to be under Section 397/401 of Code of Criminal Procedure, 1973 assailing the validity and the correctness of the order dated 4.8.2021 passed by Special Judge SC/ST Act, Bareilly in Criminal Case No.1117 of 2021, under Section 156(3) Cr.P.C., Police Station Fatehganj West, District Bareilly (Smt. Rajni Vs. Jameel Ahamad and others).

2. Sri Dinesh Singh, AOR No.A-1-18-0439/2012 had made a statement that he is holding brief of Sri Bhaskar Bhadndra, AOR No.A/B-0142/2012, who has filed the present revision and he has been authorised by Sri Bhaskar Bhadndra, AOR No.A/B-0142/2012 to argue the present revision.

3. Heard Sri Dinesh Singh, AOR No.A-1-18-0439/2012 holding brief of Sri Bhaskar Bhadndra, AOR No.A/B-0142/2012, learned counsel for the revisionist and Sri Pankaj Saksena, learned AGA for opposite party no.1.

4. In view of the order so passed in the present revision, there is no need to issue notices to opposite parties no.2 and 3.

5. Brief facts of the case as recapitulated in the present revision are as under:-

6. As per the pleading set forth in the application purported to be under Section 156 Cr.P.C. 1973 before the Court of Special Judge, SC/ST Act, Bareilly dated 4.8.2021 which is annexure-1 at page 25 of the paper book, it will reveal that the applicant-revisionist is the daughter of Sri Kasturi Lal r/o Mohalla Mali, Police Station Fatehganj West, District Bareilly and belongs to Other Backward Classes (OBC category). She has further pleaded that she is poor and about 14 years ago from the date of the filing of the present application under Section 156(3) Cr.P.C. before the court below on 4.8.2021, she came in touch for the opposite party no.2 being Sri Jameel Ahmad, s/o Nawab Dulla, r/o Mohalla-Thather, Bawasi wali gali, P.S. Ganj, District Rampur.

7. The opposite party no.1 Sri Jameel Ahmad did not disclose his religion and portrayed himself to be a Hindu by religion and introduced himself as Sri Rajesh. The opposite party no.1 thereafter became quiet cordial with the applicant-revisionist and he trapped the applicant-revisionist on account whereof the applicant-revisionist proceeded to have live in relationship with the opposite party no.2. So much so they also entered into physical relationship and which resulted into birth of two sons in one of the private hospitals in Bareilly.

8. It was further alleged in the application under Section 156(3) Cr.P.C. so preferred by applicant-revisionist that after a long span of time the applicant-revisionist could know about the religion and the name of the opposite party no.2. The applicant-revisionist has also come with a case that the opposite party no.2 used to molest and have physical relationship without the consent of the applicant-revisionist and when she repeatedly requested for solemnisation of the marriage then the opposite party no.2 on one pretext or other he used to exhibit his difficulties with relation to the marriage of his sisters and assured that he will marry later. About five months ago from the date of the lodging of complaint under Section 156(3) Cr.P.C. dated 4.8.2021, when the applicant-revisionist pressurised the opposite party no.2 for solemnisation of marriage then abuses in Hindi vernacular were used by the opposite party no.2 and thereafter the opposite party no.2 left the applicant-revisionist and went to Rampur and after waiting for about 4-5 days, the applicant-revisionist made mobile calls which were not attended as the mobile was switched off. The applicant-revisionist along with her mother Smt. Sagar Devi, went to Rampur at the shop of the opposite party no.2 where at the opposite party no.2 was not present. However, his younger brother Waseem and uncle Firasat were present. On being asked about whereabouts of the opposite party no.2, they took the applicant-revisionist and her mother to the nearby shop of one Sri Akhater. When the revisionist asked the whereabouts the opposite party no.2 then again abuses i