HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 4951 of 2023 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Sushil Kumar Singh, the learned counsel for the petitioner, Sri Ashok Srivastava, the learned A.G.A for the State and perused the record. 2. By means of the instant writ petition, the petitioner has assailed the validity of an order dated 12.06.2023 passed by the Chief Judicial Magistrate, Hardoi in Miscellaneous Case No. 10296 of 2023, which was an application under Section 156(3) Cr.P.C filed by the opposite party no.4 requesting for a direction to the Police for lodging her F.I.R. 3. A copy of the application under Section 156(3) Cr.P.C filed by the opposite party no.4 has been annexed with the writ petition, wherein she has levelled very serious allegations against the petitioner, who is her mother. The allegations are already on record and keeping in view the nature of the allegations, it is not necessary to reproduce the same to maintain some decency. However, merely this much is being recorded that the serious allegations levelled by the opposite party no.4 against her mother-the petitioner make out commission of cognizable offences by the petitioner. 4. The application has been allowed by the impugned order dated 12.06.2023, wherein the Magistrate has recorded that as per a report submitted by the Police, no F.I.R has been registered in this regard. The Magistrate has recorded in the order that the opposite party no.4 Versus Counsel for Petitioner(s) : Sushil Kumar Singh Counsel for Respondent(s) : G.A., Gulam Ali Rashidi, Ram Chandra Dwivedi, Shashank Shukla Smt. Neelam Verma .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home, Civil Secrtt. Lko. And Others .....Respondent(s) has alleged that her mother- the petitioner had forced her in flesh trade and she has been raped at her mother's behest. The Magistrate had held that keeping in view the facts and circumstances of the case, it appears to be expedient in the interest of justice that First Information Report be registered and the matter be investigated and accordingly, a direction to this effect has been issued by the learned Magistrate. 5. Assailing the validity of the aforesaid order, the learned counsel for the petitioner has submitted that the impugned order dated 12.06.2023 has been passed absolutely without application of mind and without assigning any reason. He has placed reliance on decision of the Hon'ble Supreme Court in the case of Priyanka Srivastava and Another Vs. State of U.P. and others; (2015) 6 SCC 287, wherein it is held that:- "20. The learned Magistrate, as we find, while exercising the power under Section 156(3) Cr.P.C. has narrated the allegations and, thereafter, without any application of mind, has passed an order to register an FIR for the offences mentioned in the application. The duty cast on the learned Magistrate, while exercising power under Section 156(3) Cr.P.C., cannot be marginalized. To understand the real purport of the same, we think it apt to reproduce the said provision: "156. Police officer's power to investigate congnizable case. - (1) Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIII. (2) No proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one which such officer was no empowered under this section to investigate. (3) Any Magistrate empowered under section 190 may order such an investigation as above-mentioned." *********** 29. At this stage it is seemly to state that power under Section 156(3) warrants application of judicial mind. A court of law is involved. It is not the CRLP No. 4951 of 2023 2 police taking steps at the stage of Section 154 of the code. A litigant at his own whim cannot invoke the authority of the Magistrate. A principled and really grieved citizen with clean hands must have free access to invoke the said power. It protects the citizens but when pervert litigations takes this route to harass their fellows citizens, efforts are to be made to scuttle and curb the same. 30. In our considered opinion, a stage has come in this country where Section 156(3) Cr.P.C. applications are to be supported by an affidavit duly sworn by the applicant who seeks the invocation of the jurisdiction of the Magistrate. That apart, in an appropriate case, the learned Magistrate would be well advised to verify the truth and also can verify the veracity of the allegations. This affidavit can make the applicant more responsible. We are compelled to say so as such kind of applications are being filed in a routine manner without taking any responsibility whatsoever only to harass certain persons. That apart, it becomes more disturbing and alarming when one tries to pick up people who are passing orders under a statutory provision which can be challenged under the framework of said Act or under Article 226 of the Constitution of India. But it cannot be done to take undue advantage in a criminal court as if somebody is determined to settle the scores." 6. While deciding an application under Section 156(3) Cr.P.C., the Magistrate has to apply his mind to the averments made in the application under Section 156(3) Cr.P.C. for recording a satisfaction that the allegations make out a case for registration of F.I.R and investigation. The Magistrate is not required to scrutinize the matter to an extent that he may record a positive finding regarding correctness of the allegations levelled in the application under Section 156(3) Cr.P.C. or recording a satisfaction that the alleged offence has infact been committed. The Magistrate is required to merely record a satisfaction that the allegations make out allegation of commission of a cognizable offence, which needs registration of an F.I.R and investigation. 7. The allegations levelled in the application under Section 156(3) Cr.P.C. clearly make out commission of a cognizable offences by the petitioner. The Magistrate has given due consideration to the averments made in the application and has recorded satisfaction that the allegations levelled in the application that the petitioner had forced her daughter into flesh trade and she was raped at the behest of her mother, deserve registration of an F.I.R and investigation in CRLP No. 4951 of 2023 3 furtherance thereof. It cannot be said that the impugned order has been passed without application of mind or that it does not contain any sufficient reason. 8. In view of the forgoing discussion, I am of the view that the instant writ petition lacks merits and the same is dismissed and the interim order dated 27.06.2023 is hereby discharged. August 27, 2025 Preeti. CRLP No. 4951 of 2023 4 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench