The accused does not have the right to challenge an order under Section 156 (3) of the Code of Criminal Procedure at the pre-cognizance stage.

Heard Sri Viresh Misra learned Senior Counsel assisted by Sri Sudhanshu Srivastava and Smt. Nayan Sri advocates in support of this application and the learned AGA in opposition.

2. The applicants are aggrieved by an order dated 6-9-2006 by which the Chief Judicial Magistrate, Saharanpur has ordered for registration of the FIR and investigation of the same against the revisionists

exercising his powers under Section 156 (3) Cr. P. C. in Misc. Case No. 624 of 2006, Munna Lal v. Subhash Chand, as the said application filed by the applicant Munna Lal disclosed commission of cognizable offence against the applicants.

3. At the very outset the question of maintainability of this application at the instance of the revisionists came up for consideration since it transpired that this application at the instance of the applicants is not maintainable.

4. Section 156 (3) Cr. P. C. finds its placement under Chapter XII of Code of Criminal Procedure 1974 (hereinafter referred to as Code) which deals with the power of police to investigate. The Heading of the chapter reads INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE. The police under Section 154 (1) of the Code is mandated by law to register every information of a cognizable offence which is given to it whether orally or in writing. It has to register such an information of cognizable offence in the form prescribed by the respective State Governments which is called First Information report commonly known as FIR. The apex Court has held in State of Haryana v. Bhajan Lal, 1990 (2) JIC 997 (SC) : 1992 SCC (Cr.) 426 in para 30,31,and 33 that if the officer-in-charge of the police station does not register the information of a cognizable offence given to it then he eschews its statutory responsibility. It has been held by the apex Court as follows:

" (30) At the stage of registration of a crime or a case on the basis of the information disclosing a cognizable offence in compliance with the mandate of a Section 154 (1) of the Code, the concerned police officer cannot embark upon an enquiry as to whether the information, laid by the informant is reliable and genuine or otherwise and refuse to register a case on the ground that the information is not reliable or credible. On the other hand, the officer in charge of a police station is statutorily obliged to register a case and then to proceed with the investigation if he has reason to suspect the commission of an offence which he is empowered under Section 156 of the Code to investigate, subject to the proviso to Section 157. (As we have proposed to make a detailed discussion about the power of a police officer in the field of investigation of a cognizable offence within the ambit of Sections 156 and 157 of the Code in the ensuing part of this judgment, we do not propose to deal with those sections in extenso in the present context. In case, an officer in charge of a police station refuses to exercise the jurisdiction vested on him and to register a case on the information of a cognizable offence, reported and thereby violates the statutory duty cast upon him, the person aggrieved by such refusal can send the substance of the information in writing and by post to the Superintendent of Police concerned who if satisfied that the information forwarded to him discloses a cognizable offence, should either investigate the case himself or direct an investigation to be made by any police officer subordinate to him in the manner provided by sub-section (3) of Section 154 of the Code.

(31) Be it noted that in Section 154 (1) of the Code, the legislature in its collective wisdom has carefully and cautiously used the expression "information" without qualifying the same as in Section 41 (1) (a) or (g) of the Code wherein the expressions, "reasonable complaint" and "credible information" are used. Evidently, the non-qualification of the word "information" in Section 154 (1) unlike in Section 41 (1) (a) and (g) of the Code may be for