The Magistrate cannot order further investigation suo motu after taking cognizance, and can only do so in exceptional circumstances upon the request of the investigating officer.

JUDGMENT :

1. Heard learned counsel for the applicant, learned A.G.A. and perused the record.

2. By moving this application prayer is made to quash the order dated 30.09.2022 passed by the Judicial Magistrate, Mathura arising out of Case Crime No. 1538 of 2018, under Sections 376D, 506 IPC Police Station Highway, District Mathura in Case No. 6936 of 2020 (State Vs. Satendra Bhati and others and to allow the application dated 19.07.2022 filed by the applicant before the trial court for further investigation in the case filed under Section 173 Cr.P.C.

3. Vide order dated 30.09.2022 the Judicial Magistrate, Mathura rejected the application of the applicant filed under Section 173 (8) Cr.P.C.

4. As per the facts of the case, an application was moved by the applicant under Section 156 (3) Cr.P.C. on 16.08.2018 whereby an FIR, Case Crime No. 1538 of 2018 regarding incident dated 30.07.2018 was registered against Satyendra Bhati, Gaurav and one unknown person under Sections 506 and 376D IPC.

5. It was the allegation of the applicant that she was from a very poor family. On the basis of a telephonic call of Satyendra Bhati that he would arrange a job for her, on 30.07.2018 at 2.00 p.m. the applicant, who was a 23 years old married lady, came at Mandi Chauraha, Saukh Road, from where Satyendra took her to an electronic shop at Saunkh Road, Mathura by his motorcycle. In the shop computers were fixed, two persons were already present there. Satyendra disclosed himself to be a financer. One person went out of the shop and when she was busy in talking with Satyendra, the person who went out, closed the shutter of the shop and Satyendra on the point of pistol and other person Gaurav holding her hair gave her threat of life, laid her down on the floor and committed rape on her one by one. After giving threat of life she was directed to leave the place. She was also followed by the accused persons. When she went to lodge her FIR, neither her First Information Report was lodged nor she was medically examined. On 09.08.2018 she sent the applications to the SSP, Mathura, Chief Minister, U.P. and I.G. Agra by registered post but nothing could be done. The enquiry from Satyendra regarding that unknown person is must and pistol is also to be recovered.

6. On this application under Section 156 (3) Cr.P.C. of the applicant FIR was registered and after recording the statements of the victim under Sections 161 and 164 Cr.P.C. on 09.10.2018 and 27.10.2018 respectively and after due investigation charge sheet was submitted against accused Satyendra and Gaurav under Sections 376D and 506 IPC on 05.04.2019, and the cognizance was taken by the court on 01.05.2019.

7. On 19.07.2022 the applicant moved an application under Section 173 (8) Cr.P.C. before the trial court with the version that prior to 30.07.2018 she met a person in Aligarh, who lured her of providing job and because of this enticement on 30.07.2018 at 2.00 p.m. she reached at the fixed place Mandi Chauraha, Mathura and met a person, who was tall and dark and about 50 years old. He took her in a shop. He and his companion misbehaved her there. The other person was also about 45 years of age, dark complexioned having dark spots on his face with a cut mark on his forehead. She was asked to come again after eight days. When on 09.08.2018 she reached there again, she could not locate the shop and that time she met two persons whom she disclosed her plight. They disclosed her the names of Satyendra Bhati and Gaurav as the persons who committed wrong with her and assured her of every help. On the basis of information provided by them only, she sent her complaint to the SSP and other officers and these persons started proceedings on her behest on 16.08.2018 in the court. These persons suggested her the age of Satyendra Bhati to be 32 years and age of Gaurav as 23 years. Though initially she resisted the same but due to sympathy of those persons she could not resist much and at the time of statement also, they