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Judgment
Vinod Prasad, J.—Manoj Kamar Sharma. the applicant, was standing near Bithra Gatta Bus Station towards the left side of the road and was talking to Shanker Lal son of Arjun Lal resident of Asimpur, P.S. New Area, district Pilibhit on 15.8.2005 at 2.00p.m. when bus no. UP-26-8132 driven by Iqbal respondent no. 2, dashed against them. As a result of the accident applicant Manoj Kumar Sharma was trapped in the bus. The incident was witnessed by Gunendra Kumar, Nanhey Lal, Narendra Misra etc. who got the bus stopped and got the applicant out from beneath the bus and thereafter got him admitted in the District Hospital, layer on he was shifted to S.S. Nursing Home, Pilibhit. Because of the aforesaid accident applicant Manoj Kumar Sharma had sustained grievous injuries. He endeavoured to get the F.I.R. registeied but failed in his attempt. Hence the applicant Manoj Kumar Sharma on 14.9.2005 sent a written L.I.R. to Superintendent of Police, Pilibhit but even then his report was not taken down. During his treatment he also got the CT. Scan done. With such allegations the applicant filed an application u/s 156(3) Cr.P.C. for calling his F.I.R. registered but his said application was rejected by C.JM. Pilibhit vide his impugned order dated 31.3.2006 in observing that since the applicant is in the knowledge of all the facts. therefore, there is no justification for getting the matter investigated and on that basis he rejected the application of the applicant u/s 156(3) Cr.P.C. He also observed that if the applicant wants, he can file a complaint.
On such facts 1 have heard Sri Manish Tiwari. learned Counsel for the applicant and the learned A.G.A. in opposition.
Needless to say that if a cognizable offence is disclosed, the Magistrate was bound to direct the police to register the offence. This matter has been exhaustively dealt with by this Bench in the case of Masuman v. State of U.P. and Ors. 2007 ALJ 221. Causing grievous heart to a person is a cognizable offence u/s 325 LP.C. winch is punishable with seven years regorous imprisonment. From the averments made in the application u/s 156(3) Cr.P.C. the said offence was disclosed and therefore, the Magistrate committed a manifest error of law in rejecting the application of the applicant u/s 156(3) Cr.P.C.
Further filing of a complaint or not filing of the same is the right of the victim or the injureo person. The Magistrate was expected to act within the periphery of Section 156(3) Cr.P.C. as has been held by the Apex Court in the case of Central Bureau of investigation through S.P. Jaipur v. State of Rajasthan and Anr. 2001 SCC 524.
From the discussions made above, the impugned dated 31.3.2006 passed by C.J.M. Pilibhit cannot be sustained and is hereby set aside. This criminal miscellaneous application is allowed. Chief Judicial Magistrate. Pilibhit is directed to look into the application u/s 156(3) Cr.P.C. filed by the applicant afresh and pass a reasoned order thereon in accordance with law.