Inherent jurisdiction under Section 528 of the BNSS is exercised sparingly and cannot be used to disturb concurrent factual findings of lower courts unless there is patent illegality, perversity, or jurisdictional error.

Order on Board

1. Heard Mr. Jitendra Gupta, learned counsel for the petitioneras well as Ms. Ritika Dubey, learned Panel Lawyer, appearing for the State/respondent No.4.

2. By filing the present petition, the petitioner has assailed the order dated 05.09.2024 passed by the learned Revisional Court, arising out of the order dated 05.12.2023 passed by the learned Trial Court, whereby the application preferred by the petitioner seeking registration of the case under the aforementioned sections of offences against respondent Nos. 1 to 3 has been rejected, and has prayed for quashment of the said impugned orders and for a direction to the learned Trial Court to register the case, in the interest of justice.

3. Brief facts of the case are that the petitioner filed an application under Section 156(3) of the Code of Criminal Procedure, 1973 (for short, ‘CrPC’) before the learned Judicial Magistrate First Class, Durg, District Durg (C.G.), stating that he is working as a journalist in a local daily newspaper and that respondent No.1, his legally wedded wife, solemnized marriage with him on 06.05.2018 at Sundar Nagar, Kohka, Bhilai, is residing separately at her parental home. It is alleged that after marriage respondent No.1 used to harass the petitioner and his family members over trivial issues and, on 27.02.2021, left the matrimonial home threatening to falsely implicate him and his family in criminal cases. Thereafter, on 13.09.2021 at about 3:00 PM, respondent No.1 allegedly broke open the lock and forcibly entered the petitioner’s house, and despite his complaint to the concerned Police Station, no FIR was registered. It is further alleged that in the intervening night of 13/14.09.2021 at about 3:30 AM, respondent No.1 called Dial 112 and came along with respondent Nos.2 and 3, who are police personnel allegedly known to her, and forcibly entered the petitioner’s house situated at 62/6-A, Maitri Nagar, Risali, Bhilai; respondent Nos.2 and 3 allegedly assaulted the petitioner, causing grievous injury to his left eye, and respondent No.1, in collusion with them, attacked him with a rod on his head, causing serious injuries, and while leaving, respondent No.2 allegedly extended threats. It is further the case of the petitioner that he thereafter started residing at his sister Dr. Suman Sahu’s house and submitted complaints to the Police Station as well as to the Superintendent of Police, Durg, but no action was taken, compelling him to file an application under Section 156(3) CrPC seeking registration of offences under Sections 294, 506, 323, 324, 325, 307, 452 and 34 of the Indian Penal Code along with supporting documents; however, the learned Trial Court, after recording preliminary evidence in MJC Criminal/15030/2022, dismissed the application by order dated 05.12.2023 holding that the material on record was insufÏcient for directing registration of the case, and the revision petition preferred thereagainst, being Criminal Revision No.45/2024, was also dismissed by the learned Revisional Court afÏrming the said order, hence the present petition.

4. Learned counsel for the petitioner submits that the impugned orders passed by the learned Trial Court as well as the learned Revisional Court are wholly illegal, arbitrary and contrary to the settled principles governing exercise of jurisdiction under Section 156(3) of the Code of Criminal Procedure. It is contended t