2006 Supreme(All) 2107

[2006(7) ADJ 4 (NOC)]
ALLAHABAD HIGH COURT
BEFORE : SHIV SHANKAR, J.
BAHAR ALAM @ BABU AND OTHERS .....Revisionists
Versus
STATE OF U.P. AND ANOTHER .......Respondent
(Criminal Revision No. 4062 of 2006, decided on 8th August, 2006)

Headnote:(A) Criminal Procedure Code, 1973—Section 156(3)—Application thereunder—Allowed by Magistrate directing police to register and investigate case—Feeling aggrieved accused persons filed criminal revision before High Court—At present case was registered against all accused persons under Sections 147, 148, 323, 504, 506, 307, 452 and 498-A of IPC and Section 3/4 of Dowry Prohibition Act—Investigation is in progress—Direction of Magistrate will not be interfered with in revision—FIR and investigation will be ended by filing police report under Section 173 of CrPC—Revision dismissed.

       (B) Criminal Procedure Code, 1973—Section 156(3)—Scope of—If prima facie cognizable offence is made out on basis of fact stated in application—Then order to register and investigation may be passed by Magistrate—However, such order must be speaking and not in arbitrary manner.