JUDGMENT

Dr. Arijit Pasayat, J.—

1. Leave granted.

2. Challenge in this appeal is to the order passed by a learned Single Judge of the Allahabad High Court who allowed the application filed in terms of Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (in short the ‘Code’) assailing the order passed by learned Sessions Judge, Jaunpur. The primary stand taken in this appeal is that the revision petition was allowed and disposed of even without issuance of notice to the present appellants.

3. Background facts in a nutshell are as follows:

The appellants filed for revision before the learned Sessions Judge, Jaunpur questioning correctness of the order passed under Section 156(3) of the Code. Learned Single Judge held that no person who is accused of a cognizable offence can file for revision before registration of FIR against him since the order under Section 156(3) of Code is an administrative order at a pre cognizance stage under Chapter XII of Code.

4. It is submitted that the revision petition had been filed by the present respondents. If the High Court was of the view that the order of learned Sessions Judge was indefensible it ought to have granted an opp