A.B.CHAUDHARI, INDIRA K.JAIN
Avinash – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT
A.B. Chaudhari, J.—The question that falls for consideration before this Court is as under:
“Whether the order made by the Magistrate u/s 156(3) of the Code of Criminal Procedure, 1973, directing Police to make investigation would be an interlocutory order ? If no, whether remedy of revision u/s 397 or Section 401 of the Code of Criminal Procedure, 1973, would lie ?
2. The question has arisen for consideration as challenge to the order made by the Magistrate u/s 156(3) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the ‘Code’ for brevity), has been raised in these matters either by way of Criminal Writ Petitions under Articles 226 and 227 of the Constitution of India or u/s 482 of the Code with the submission that there is no remedy of filing revision either before the Sessions Court or this Court since the order u/s 156(3) would be an interlocutory order.
3. The learned counsel for the applicants / petitioners relied on the decision in the case of Dr.Shriram Mukundrao Kalyankar v. State of Maharashtra (2015 ALL MR (Cri) 2484). and it is submitted that it is held by the learned Single Judge of this Court in paragraph nos.4 and 5 of the said decision th
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