The Supreme Court explains the distinctions between the magistrate's pre-cognizance and post-cognizance powers under Section 156(3) of CrPC

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1581 OF 2021

Kailash Vijayvargiya                                                                                                                                                                                                                       …Appellant

Versus

Rajlakshmi Chaudhuri and others                                                                                                                                                                                             …Respondents

WITH

CRIMINAL APPEAL NO. 1582 OF 2021

CRIMINAL APPEAL NO. 1583 OF 2021

J U D G M E N T M.R.

SHAH, J. 1.

Feeling aggrieved and dissatisfied with the impugned judgment and order dated 01.10.2021 passed by the High Court of Calcutta in Criminal Revision Application No. 92/2021, by which the High Court has allowed the said revision application preferred by respondent no.1 herein – original complainant (victim) and has quashed and set aside order dated 12.11.2020 passed by the learned Chief Judicial Magistrate, Alipore (for short, ‘learned CJM’) rejecting the petition filed by respondent no.1 herein – original complainant under Section 156(3) of the Code of Criminal Procedure,1973 (Code/Cr.PC) original respondent nos. 2 to 4 (alleged accused) have preferred the present appeals.

2. The facts leading the present appeals in a nutshell are as under: That respondent no.1 herein – original complainant lodged a complaint under Section 156(3) Cr.P.C. in the Court of learned CJM, making allegations against the appellants herein alleging that she was raped by all the three appellants on 29.11.2018 at about 5:00 p.m. at the residence of original accused no.3 – Kailash Vijayvargiya, when she was invited to discuss another Crime No. 1 of 2018 registered against their colleagues filed by her. That it was prayed to direct the Officer in Charge of Bhowanipore Police Station to start investigation into the matter after treating the complaint as an FIR.

 2.1 It was the case on behalf of the complainant in the complaint before the learned CJM that she was a member of the State Committee of the Bhartiya Janata Party in the State of West Bengal. As a person involved in active politics, she has acquaintance with the leaders of the State at national level. On the allegation of rape, she filed a written complaint before the Officer in Charge, Behala (Woman) Police Station against one Amalendu Chattopadhyay. The said complaint was registered as Case No. 01/2018 dated 31/08/2018 under Sections 417/376/406/313/120B IPC. The investigation of the said case resulted in filing of the charge sheet against the above-named Amalendu Chattopadhyay. It was further alleged that since the filing of the charge sheet, she was pressurised by the appellants, namely, Pradeep Joshi, Jishnu Basu and Kailash Vijayvargiya, national level leaders of the said party to withdraw the case against Amalendu Chattopadhyay. On the pretext of having a discussion over the said matter, the appellants asked her to come at the residential apartment of accused – Kailash Vijayvargiya. It was further alleged in the complaint that she tried to inform the matter to the Officer in Charge of the Bhowanipore Police Station but the police suggested her to meet them in response to such call.

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