Point of Law: power of lodging FIR by the Station House Officer under Section 154 Cr.P.C. and the power of Magistrate under Section 156(3) Cr.P.C. is almost similar with one distinction that order for registration of FIR under Section 156 (3) Cr.P.C.

JUDGMENT :

1. Heard Shri Mahabir Yadav, learned counsel for the petitioner and Shri L.D. Rajbhar, learned A.G.A. on behalf of the State.

2. The instant petition under Article 227 of the Constitution of India has been filed with the prayer to quash the impugned order dated 03.11.2020 passed by the learned Additional Sessions Judge, Court No.2, Rampur in Criminal Revision No.112 of 2018 (Chhaila Khan v. State of U.P. & Ors.) as well as the impugned order dated 13.07.2018 passed in Criminal Misc. Case No.225 of 2018 (Chhaila Khan v. Niyamat Khan & Ors.).

3. The brief facts necessary for disposal of this petition are that the land Arazi No.286 (area 0.785 hectare) situated in Village-Bhitar Gaon, Tehsil-Shahbad, District-Rampur was vested with the State Government. The respondents in collusion with respondent no.9-Bhagwant Swaroop posted as Tehsildar made forgery in the column of 'tippadi', deleted the sign of cross and entered their names fraudulently. A case numbered as Case No.05 of 2001-02 (Niyamat Khan & Anr. v. State of U.P.) was filed and learned Additional Collector-Rampur vide order dated 30.3.2002 held that the said land vested with the State Government. The opposite party challenged the said order by filing Revision No.145 of 2008-09 before learned Additional Commissioner (Judicial) Moradabad, Division Moradabad. The said revision was dismissed on 20.11.2009 and the order dated 30.3.2002 was affirmed.

4. It is contended by learned counsel for the petitioner that inspite of the aforesaid orders passed by the courts below, the revenue authorities are not complying with the orders and the private respondents are still in possession of the said land. It is further contended that forged entry was made by the private respondents in collusion with respondent no.9.

5. Per contra, learned A.G.A. has vehemently opposed the contentions of learned counsel for the petitioner and contended that under Section 156(3) Cr.P.C., the court may pass order of registration of the First Information Report against the accused regarding which he is competent to take cognizance i.e. in contrast of Section 154 Cr.P.C. It is further contended that it is also barred by Section 195 Cr.P.C. for which only complaint can be filed before the competent authority before whom the judicial proceeding was pending. Learned A.G.A. has also contended that the said application under Section 156(3) Cr.P.C. was also barred by Section 197 Cr.P.C.

6. I have given thoughtful consideration to the contentions raised by learned counsel for the parties.

7. The power of lodging FIR by the Station House Officer under Section 154 Cr.P.C. and the power of Magistrate under Section 156(3) Cr.P.C. is almost similar with one distinction that order for registration of FIR under Section 156 (3) Cr.P.C., the learned court was competent to take cognizance of offence on the basis of the application under Section 156 (3) Cr.P.C. Cognizance can only be taken in the cases in which sanction under Section 197 Cr.P.C. was granted by the Government. No such cognizance could be taken against the public servant regarding illegal act done by the public servant in discharge of his official duty.

8. In above circumstances, learned lower court has rightly held that without sanction the court cannot take cognizance. Apart from the complaint being barred by Section 156 (3) Cr.P.C. it is also barred by Section 195 Cr.P.C. because the proceedings could be initiated after enquiry under Section 340 Cr.P.C. by lodging the complaint and no cognizance otherwise could be taken.

9. In this regard, the relevant Sections 195 Cr.P.C. and 197 are reproduced below:-

"195. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence.- (1) No Court shall take cognizance-

(a) (i) of any offence punishable under sections 172 to 188 (both inclusive) of the Indian Penal Code (45 of 1860 ), or

(ii) of any abetment of, or attempt to comm