The duty of the Magistrate to apply its mind before issuing an order under Section 156(3) of CrPC and the mandatory nature of registering an FIR under Section 154(1) of CrPC upon receipt of information disclosing a cognizable offence.

G.S. Ahluwalia, J.

1. This petition has been filed under Section 482 of CrPC against the order dated 05/07/2011 passed by First Additional Sessions Judge, Bhind in Criminal Revision No.64/2011 arising out of order dated 29/03/2011 passed by JMFC, Bhind in Unregistered Complaint Case No./2011.

2. The necessary facts for the disposal of this application are that the applicant/complainant filed a criminal complaint under Section 200 of CrPC against the respondents for offences punishable under Sections 306,120-B and 166 of IPC.

3. It was alleged that her husband Akram Khan was working on the post of Food Inspector and he was transferred from Bhind to Indore but the respondents, who were his senior officers, did not relieve him and were unnecessarily harassing him as a result of which her husband committed suicide. On these allegations, it was alleged by the applicant that the respondents have committed offences punishable under Sections 306,120-B and 166 of IPC. The Trial Court, by order dated 29/03/2011, considered the application filed under Section 156(3) of CrPC of the complainant/applicant and allowed the same and directed the Police Station-City Kotwali, Bhind to register the offences and conduct the investigation. It was further directed that the charge-sheet be filed.

4. Being aggrieved by the order dated 29/03/2011, the respondents filed a revision which was allowed by the Revisional Court holding that as the offences are triable by the Court of Sessions, therefore, the Magistrate should not have given a direction under Section 156(3) of CrPC and should have conducted the enquiry as per provisions under Section 202 of CrPC. Revision was accordingly allowed and the matter was remitted back.

5. Being aggrieved by the order of the Revisional Court, the complainant/applicant has filed the present petition under Section 482 of CrPC.

6. None appears for the applicant even in the second round.

7. Kumari Neha Malaliya appeared for the respondents and submitted that the order passed by the Revisional Court is in accordance with law and does not require any interference.

8. From the plain reading of the order of the Revisional Court, it appears that while holding that the Magistrate has no jurisdiction to pass an order under Section 156(3) of CrPC in a case which is triable by the Court of Sessions, the Revisional Court has ignored the judgment passed by the Supreme Court in the case of Devarapalli Lakshminarayana Reddy and ors. v. V. Narayana Reddy and ors. reported in AIR 1976 SC 1672. The Supreme Court in the case of Devrapalli Laxminarayana Reddy(Supra) has held as under:- Para 18 and 19

"18. In the instant case the Magistrate did not apply his mind to the complaint for deciding whether or not there is sufficient ground for proceeding; but only for ordering an investigation under Section 156(3). He did not bring into motion the machinery of Chapter XV. He did not examine the complainant or his witnesses under Section 200, Cr.P.C., which is the first step in the procedure prescribed under that Chapter. The question of taking the next step of that procedure envisaged in Section 202 did not arise. Instead of taking cognizance of the offence, he has, in the exercise of his discretion, sent the complaint for investigation by police under Section 156.

19. This being the position, Section 202(1), 1st Proviso was not attracted. A Indeed, it is not necessary for the decision of this case to express any final opinion on the ambit and scope of the 1st Proviso to Section 202(1) of the Code of 1973. Suffice it to say, the stage at which Section 202 could become operative was never reached in this case. We have therefore in keeping with the well established practise of the Court, decided only that much which was essential for the disposal of this appeal, and no more."

9. Thus it is clear that when the Magistrate has not taken any cognizance of the offence and before taking cognizance of offence, he has passed an order under Section 156(3) of