Point of law : Applications under Section 156(3) Cr.P.C. are now coming in torrent and thus exercise of the powers under Section 156(3) Cr.P.C. should be used sparingly and not in routine manner.

JUDGMENT :

1. Heard Sri Dharmendra Singh, learned counsel for the revisionist and learned AGA, who appears for the opposite party no.1.

2. The revisionist has filed the present revision challenging the order dated 4.9.2021 passed by Additional Judicial Magistrate, Moradabad in Misc. Case No.1129 of 2021 Ashok Kumar Vs. Smt. Mohini Mishra, whereby whereunder the court below has rejected the application preferred by the revisionist under Section 156(3) Cr.P.C. for lodging the first information report against opposite parties no. 2 to 9.

3. As per case set up by the revisionist, revisionist is a social worker, who is effectively involved in social work and he continuously prefers application under Right To Information Act, 2005 on account whereof the opposite party no.2 bore personal enmity with him.

4. The revisionist has further come up with the case that the villagers approach him regarding solving their of difficulties and problems. Revisionist was also in aspirant for contesting the elections of the office of Pradhan. However, the same was earmarked as a woman seat, the revisionist made her mother the contestant on account whereof the opposite party no.2 became annoyed as according to the opposite party no.2 the mother of the revisionist was bound to win the elections of the office of the Pradhan and she would expose opposite party no.2 with respect to misappropriation so committed by the opposite party no.2 with regard to public money.

5. The revisionist has also alleged that on 16.2.2021, the fair price shop agent Sri Mahendra's husband Gajraj, Raju along with a Tangewala arrived on a road in front of the house of the revisionist and he called the revisionist but the mother of the revisionist came out of the house and then the aforesaid persons asked about the whereabouts of the revisionist and when the mother of the revisionist informed them that the revisionist is not in the house then the fair price shop agent husband Gajraj and Tangewala requested the mother of the revisionist to store the food-grains referable to Public Distribution Scheme (PDS) in the house of the revisionist as Tanga is not in a position to move. When the mother of the revisionist resisted then opposite party no.2 and the earlier Pradhan Rajendra spread rumour that the food-grains related to public distribution scheme is in the house of the revisionist and then they informed the police. The mother of the revisionist resisted the said act and omission of the opposite party but Rajendra and Jai Hind had beaten up the mother of the revisionist and they also entered into house forcibly and also had beaten the sister and the younger brother of the revisionist.

6. According to the revisionist, the incident which occurred on 16.2.2021 was informed to the police for registration of the FIR, however, the first information report was not lodged then the revisionist preferred an application under Section 156(3) Cr.P.C. which has been came to be rejected by the order under challenge dated 4.9.2021 passed by Chief Judicial Magistrate, Moradabad in Complaint Case No.1129 of 2021, Ashok Vs. Mohini and others.

7. The revisionist being aggrieved against the order dated 6.9.2021 passed by the Chief Judicial Magistrate, Moradabad in Complaint Case No.1129 of 2001, Ashok Vs. Mohini and others is before this Court while filing the present revision.

8. Before proceeding further it is apt to discuss and analyse the statutory provisions purported to be under Section 397/401 Cr.P.C., 1973 as applicable in the State of U.P.

“397. Calling for records to exercise powers of revision.

(1) The High Court or any Sessions Judge may call for and examine the record of any proceeding before any inferior Criminal Court situate within its or his local jurisdiction for the purpose of satisfying itself or himself as to the correctness, legality or propriety of any finding, sentence or order,-recorded or passed, and as to the regularity of any proceedings of such inferior Court, and may, when callin