Indore, dated 13/12/2021 Shri A.V. Khare, learned counsel for the applicant.

Ms. Bharti Lakkad, learned government advocate for the respondent/State.

Ms. Rekha Shrivastava, learned counsel for the objector.

With the consent of both the parties, the matter is heard finally at motion stage.

The applicant has challenged the impugned order dated

15.03.2021 passed by 14^th Additional Sessions Judge, Indore in criminal revision criminal revision No.5/2021 whereby the revision was dismissed and the impugned order dated 30.12.2020 passed by the Judicial Magistrate First Class, Indore in a registered complaint in which an application filed by the applicant was dismissed under Section 156 of Cr.P.C.

02. The facts of the case in short are that the petitioner's sister Ms. Seema Prasad died on 31.10.2020 due to heart attack. She remained unmarried during her life time and she is survived by her mother, brother and two sisters including the present petitioner. The last rites of the deceased were performed by her brother. A friend of the deceased and former business associate of the petitioner namely Rajiv Sharma (accused) also came to attend the last rites of the deceased. The accused asked the petitioner for the keys of the flat belonging to the deceased to get freshen up. Thereafter, the petitioner and her family got indulged in attending their relatives and performing rituals. On 02.11.2020, the petitioner along with her family went to the flat of her deceased sister to perform the ritual of 'Uthawna' but, they found that accused Rajiv Sharma was staying there and thereby denied them entry into the flat. It was also found that Laptop, Mobile, Jewellery, cash, important financial documents, ATM Cards, Insurance Policies and other valuables kept in the cupboard and lockers were missing and empty Jewellery boxes were lying on the floor. The deceased sister used to maintain a diary in which she kept all her important records such as expenses, bank details, bank lockers details, investment details, insurance, ITR returns etc. which was also missing from the flat. The petitioner who is the nominee in the bank account of the deceased at INDUS-IND Bank, Sapna Sangeeta Branch, Indore immediately rushed to the Bank. The bank official informed the petitioner that the bank account of her deceased sister is still operative and Rs.6.50 lacs has been withdrawn immediately after the death of the deceased. Petitioner approached police Station- Bhawarkuan, Indore to report the aforesaid crime. She gave a written complaint to the police to investigate the matter without any delay but, police did not take any action. She also approached Superintendent of Police with her grievance and in stead of repeated assurance given by the police authorities neither any action has been taken against the accused nor any investigation was conducted.

03. Then the petitioner filed an application under Section 156(3) of Cr.P.C. supported with an affidavit along with relevant documents before the Judicial Magistrate First Class for directing the respondent to investigate the matter but, learned Judicial magistrate rejected the application on the perverse ground that the application under Section 156(3) of Cr.P.C. is not maintainable and it is not accompanied with the complaint under Section 200 of Cr.P.C. and the applicant did not file evidence regarding his averments of the application. Then aggrieved by the order dated 30.12.2020 passed by the Judicial Magistrate First Class, the petitioner filed a petition under Section 397 of Cr.P.C. before the Sessions Court, Indore which was registered as Criminal Revision No.5/21. Learned revisional court heard both the the parties amendment in the application and recorded no objection from the respondent against the amendment application but revisional court rejected the amendment application vide order dated 15.03.2021 then the petitioner has filed this petition under Section 482 of Cr.P.C..

04. Learned counsel for the applicant submits tha