2006 Supreme(All) 3078

[2007(1) ADJ 7 (NOC))
ALLAHABAD HIGH COURT
BEFORE: VINOD PRASAD, J.
RAKESH KUMAR AND OTHERS ..... Revisionists
Versus
STATE OF U.P. AND OTHERS .....Respondents
(Criminal Revision No. 6336 of 2006, decided on 22nd November, 2006)

Headnote:(A) Criminal Procedure Code, 1973—Sections 397, 401 and 156(3)—Revision­—Filed by proposed accused against an order under Section 156(3)—lt is a pre­cognizance order—Magistrate has only looked into application to find out whether cognizable offence committed or not—Directed Police to follow mandale of law— To register and investigate case—Revision against said order is not maintainable.

       (B) Criminal Procedure Code, 1973—Section 156(3)—Order thereunder—Opportunity of hearing not contemplated—Once a cognizable offence is disclosed—It is law that FIR must be registered—Pre-registration of FIR hearing is not contemplated under Code of Criminal Procedure.