J.C.GUPTA
FATHER THOMAS : LAL CHAND MAURYA : JAS RAM KUSHWAHA : MOHD TAHIR AND – Appellant
Versus
STATE OF U P – Respondent
All these revisions have been preferred against the orders of the Magistrate made in exercise of powers conferred under Section 156 (3) of the Code of Criminal Procedure (hereinafter referred to as the Code) whereby a direction has been issued to police to register First Information Reports and investigate the same.
2. The Court has heard Sri G. S. Chaturvedi senior Advocate Sri K. D. Tiwari, Sri P. R. Maurya, Sri Sunil Kumar, Sri M. K. Shukla and Sri Rajiv Sisodia for the applicants in the above revisions and the learned AGA for the State.
3. A preliminary objection was raised by learned AGA regarding the maintainability of these revisions. It was submitted by learned AGA that in all these revisions, orders made under Section 156 (3) of the Code are not open to challenge for two reasons. Firstly, an accused has no locus standi in the matter and is not entitled to be heard until process is issued against him on the basis of report submitted by police after investigation under Section 173 Crpc. According to him no revision is maintainable under the Code
at the instance of a person against whom neither cognizance of the offence has been taken nor process issued. Secon
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