The need for a responsible invocation of the power u/s 156 (3) Cr.P.C. and the mandatory nature of Section 154(1) of the Code for registration of FIRs.

JUDGMENT :

SURENDRA SINGH-I, J.

1. Heard Sri Ajay Sengar, learned counsel for the revisionist, Sri Subhash Gosain, Advocate, holding brief of Sri Gaurav Singh Tomar, learned counsel for the opposite party no. 2 and learned A.G.A. for the State.

2. This criminal revision has been filed against impugned order dated 22.03.2023 passed by Chief Judicial Magistrate, Jalaun at Orai in Criminal Misc. Case No. 19 of 2023 (Bharat Singh Kushwaha vs. Smt. Vijay Lakshmi @ Bulbul), Police Station Kotwali Orai, District Jalaun.

3. By the impugned order, learned Magistrate rejected the application u/s 156 (3) Cr.P.C. filed by the revisionist.

4. The revisionist/applicant, Bharat Singh Kushwaha, had filed application u/s 156 (3) Cr.P.C. on 17.01.2023 contending that his son, Gopal Krishna alias Rinku aged 32 years, was living from long duration separately from him with his wife Smt. Vijay Lakshmi @ Bulbul and his children. On 04.09.2022, Gopal Krishna alias Rinku, after working as electrician, returned to his house at 10.30 p.m. After sometime, the revisionist was informed that his son became unconscious. There were mark of injuries on his neck. He was taken to the hospital for treatment where the doctor declared him brought dead. His postmortem was done through police of Police Station-Kotwali Orai. His son’s wife, Smt. Vijay Lakshmi @ Bulbul, used to quarrel with him and insult him for sending half of his income to her matrimonial home. On the date of the incident, opposite party no. 2, Smt. Vijay Lakshmi @ Bulbul had quarrelled and insulted his son for sending half of his income to her matrimonial home. Due to the insult suffered by him, his son committed suicide by hanging. On 05.09.2022 and 24.09.2022, the revisionist/applicant submitted application to Police Station-Kotwali Orai and higher police authorities for registration of first information report but no F.I.R. was registered. The revisionist/applicant has submitted copy of Misc. Case No. 149 of 2022 dated 19.10.2022 (Smt. Vijay Lakshmi @ Bulbul and Another vs. Bharat Singh Kushwaha) filed u/s 372 of the Indian Succession Act, 1925. He has also filed his son’s Gopal Krishna alias Rinku postmortem report dated 05.09.2022, application dated 15.12.2022 sent to S.P. Jalaun for registration of F.I.R. newspaper cutting regarding death of his son by hanging.

5. It has been submitted by learned counsel for the revisionist that the learned Magistrate passed the impugned illegal order without appreciation of evidence and without application of his mind. It has next been submitted that the learned Magistrate passed the impugned order on the basis of report sent by police station without considering the averments made in the application u/s 156 (3) Cr.P.C. It has also been submitted that the learned Magistrate passed the impugned order presuming that the application u/s 156 (3) Cr.P.C. was filed as a counterblast to the Misc. Case No. 149 of 2022 (Smt. Vijay Lakshmi @ Bulbul and Another vs. Bharat Singh Kushwaha) filed u/s 372 of the Indian Succession Act, 1925 by opposite party no. 2. It has also been submitted that from the basis of averments made in the application u/s 156 (3) Cr.P.C. and the documents filed in support thereof, prima facie, case u/s 306 and 201 I.P.C. was made out against opposite party no. 2 but by exceeding his jurisdiction, Magistrate illegally rejected the application. He has prayed for quashing the impugned order and directing the Magistrate to pass a fresh order on his application.

6. Per contra, learned counsel for the opposite party no. 2 has submitted that the learned Magistrate after considering the evidence on record and the provisions of the law has rightly passed the impugned order. It has next been submitted that there is no merit in the revision and it may be rejected. It has also been submitted that after the death of his first wife, the revisionist married another woman, Mithila Devi, who started quarrelling with husband of opposite party no. 2 over trivial matters