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SHIV SHANKER PRASAD
Rajina – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
(Shiv Shanker Prasad, J.)
1. Heard Sri Sanjeev Kumar Shukla, learned counsel for the revisionist and learned A.G.A. for the State and perused the records.
Challenge to the criminal revision
2. This criminal revision has been filed for setting aside the impugned judgment and order dated 05.11.2022 passed by learned Additional Sessions Judge/ Special Judge (POCSO Act), Bulandshahar in Criminal Misc. Case No. 717 of 2022 (Rajina Vs. Nishar and others), under Section 156(3) Cr.P.C., Police Station Jahangirabad, District Bulandshahar, whereby learned court below has rejected the application filed by the revisionist under Section 156(3) Cr.P.C.
3. The Case of the Revisionist
In respect of an incident dated 15.9.2022 the revisionist filed an application under Section 156(3) Cr.P.C. stating therein that opposite party no.2, namely Nisar used to harass the minor daughter of the revisionist by molesting her and forcing her to make videos and share them with him by taking her away from her house. On 15.09.2022, when the revisionist had gone to market, Nisar entered into her house and started removing her minor daughter’s pajamas with the intention of raping her on which she raised an al
distinction between the investigation by the police officer under Section 156(3) and under Section 202(1) Cr.P.C. is that the former is at the pre-cognizance stage and the latter is at post cognizanc....
The Magistrate has discretion under Section 156(3) of the CrPC to determine whether to direct an investigation, particularly in civil disputes masquerading as criminal matters.
(1) Sexual harassment at workplace – Police must be cognizant of fact that they are usually first point of contact for a victim of a crime or a complainant – They must abide by law and enable smooth ....
(1) While registration of FIR is mandatory, arrest of accused on registration of FIR is not.(2) Once Magistrate has taken cognizance under Section 190 of Code, he cannot ask for investigation by Poli....
Direction for Police Investigation – Option to direct registration of case and its investigation by police should be exercised where some “investigation” is required, which is of a nature that is not....
The Magistrate must judiciously exercise discretion in registering FIRs under Section 156(3) Cr.P.C., ensuring that mechanical refusals are avoided when cognizable offences are disclosed.
The Magistrate has discretion under Section 175(3) of the BNSS to decide whether to register an FIR based on the application, assessing whether a cognizable offense is made out.
The magistrate's discretion under Section 156(3) Cr.P.C. must be exercised judiciously, and the registration of an FIR is mandatory only when a cognizable offence is disclosed; otherwise, the applica....
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