ORDER

1. Both the petitions under section 482 of the Code of Criminal Procedure seeking quashment of the common order dated 16.2.2023 and, therefore, they are being decided by this common order.

2. These are the petitions under section 482 of the Code of Criminal Procedure seeking quashment of the common order dated 16.2.2023 passed in Case No. 526/2023 by the Special Judge directing for registering case for investigation against the present applicants and to submit final report under section 173 Cr.P.C.

3. An application under section 156(3) Cr.P.C. was filed by respondent No.2 brother of the deceased seeking registering case for investigation for commission of offences under section 306, 120-B, 294, 323, 506, 34, 341, 342, 166 r/w section 3 & 4 of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.

4. The background of the case is that the brother of the complainant Akash Badia was having an affair with a girl Jhanvi Sharma. Since both of them came from a different caste and sections of the society, a missing report 21/2022 was lodged on 9.2.2022 by the father of Jhanvi Sharma at Police Station Aerodrum, Indore. The accused persons are police officers in the police department. It is further stated that co-accused Vikas Sharma, who was working as Sub-Inspector came to the house on 9.2.2022 and used some caste indicative words against Akash Badia's father stating therein that they should stay in their limits or else the family shall suffer the consequences. The missing persons viz. Akash and Jhanvi were found on 10.2.2022 by the mother of Akash and the mother informed Sub-Inspector, Vikas Sharma that he has both these persons present in front of her and that she will produce them at Police Station. It is stated that on the statement of the mother, Sub-Inspector Vikas Sharma told the mother of Akash Badia that they should be brought to the Police Station Chandan Nagar instead. It is alleged in the application under section 156(3) Cr.P.C. that when Akash and Jhanvi were brought to the Police Station Chandan Nagar by Akash's mother, Vikas Sharma (who was then posted at Tejaji Nagar, Police Station) administered some beating to Akash and also used some caste indicative words against Akash's mother.

5. It is alleged that Akash due to the beating administered by both accused persons Vikash Sharma and Dilip Kumar Puri, committed suicide on 16.2.2022. One note written by deceased Akash on his mobile has been found stating that the applicants are responsible for his death. The complaints were made to the Police Station and also to the Commissioner of Police, but no action was taken on the same. Thereafter the application under section 156(3) Cr.P.C. was filed before the Magistrate on which direction for registering case, investigation and to submit final report under section 173 Cr.P.C. has been issued by the impugned order. The learned Magistrate has allowed the application under section 156(3) of Cr.P.C. directing for registering of case and investigation and thereafter to submit final report under section 173 of Cr.P.C. after considering the allegations contained in the application.

6. Counsel for the applicant submits that the Magistrate has passed the order under section 156(3) of Cr.P.C. without there being a private complaint and, therefore, the order is contrary to the law. In support of his submission, he has placed reliance on a judgment passed by coordinate Bench in the case of Sureshchandra Gondal v. Vishnu Dixit reported in 2009 Cr.L.R. (MP) 518.

7. The sole question arises for consideration is that whether the Magistrate could have entertained an application under section 156(3) Cr.P.C. and could have passed an order for registration of case for investigation without filing complaint under section 190 Cr.P.C..

8. In the case of Sakiri Vasu v. State Of U.P. And Others [(2008)2 SCC 409)], the apex Court has held as under :--

11. In this connection we would like to state that if a person has a grie