The rejection of an application under Section 156(3) Cr.P.C. is amenable to criminal revision, and the prospective accused is entitled to an opportunity to be heard.

Amar Singh Chauhan, J.

This revision has been listed in the daily cause list under the heading "group of cases likely to be infructuous (without objection)."

2. This criminal revision has been preferred by revisionist against the judgement/order dated 17.6.2006 passed by Additional Sessions Judge/F.T.C. Ist Orai at Jalaun in Criminal Revision No. 128 of 2006 (Smt. Ram Dulari vs. State of U.P. and others) whereby the order dated 21.3.2006 passed by learned Magistrate rejecting the application under section 156(3) Cr.P.C. has been set aside and the case has been remanded with a direction to decide the application under Section 156(3) Cr.P.C. afresh according to law.

3. As per factual matrix of the case, an application under Section 156(3) Cr.P.C. was moved by the respondent no. 2, Smt. Ram Dulari alleging that her relative Lala Ram came to her house and told that one Advocate Mr. Lalla Munna @ Raja Radha Mohan Srivastava is preparing pension papers. On this pretext, she along with Lala Ram and Dinesh Chandra Agrawal came to the Tehsil where after obtaining her photo, her right thumb impression got affixed on paper. After some time she came to know that a Will was prepared by imposting her as Smt. Phulle Rani @ Prema Devi.

4. The aforesaid application was rejected by the Judicial Magistrate, Kalpi, Orai holding categorically that the complainant is not an aggrieved person rather she is an accused in the alleged offence.

5. Aggrieved from the said order, the complainant filed a criminal revision which was allowed and while setting aside the order of Magistrate, the latter was directed to decide this application under section 156(3) Cr.P.C. afresh. Aggrieved by the order of Additional Sessions Judge, Oriai, this Court was moved by the petitioner.

6. I have heard learned counsel for the revisionist, learned AGA for the State and perused the record.

7. In this criminal revision, the legality, propriety or correctness of the impugned order be gone into.

8. Learned counsel for the revisionist submitted inter alia that the revisional court has erred. In fact as the Magistrate has categorically recorded its finding that the complainant is not an aggrieved person as the property alleged to have been forged belonged to one Rajeev Tiwari who has not come before the Court. While remanding the case to the Magistrate the revisional court has left no option before the Magistrate except to allow the application under Section 156(3) Cr.P.C. since the matter is only of civil nature and the property belongs to one Rajeev Tiwari. The stranger cannot claim herself to be custodian interest of Rajeev Tiwari.

9. In this case, an application was moved by the complainant before the Magistrate under Section 156(3) Cr.P.C. The Magistrate after considering the contents of the complaint came to the conclusion that there was no ground for directing the police to register and investigate the case. Upon which the application under Section 156(3) Cr.P.C. was rejected. Aggrieved from the order, the complainant preferred a criminal revision before the Sessions Judge which was allowed and the matter was directed to decide the application under Section 156(3) Cr.P.C. afresh. Aggrieved by the order of the Additional Sessions Judge, the revisionist approached this court. The revisionist is the prospective accused but neither any process issued against him nor cognizance has been taken. The impugned order is of interim or temporary nature which does not decide or touch upon important right or liabilities of the parties. Interlocutory orders are purely procedural orders which do not affect rights and liabilities of the parties and only steps towards the process of final adjudication. Impugned order, by which only direction was given to decide the application under section 156(3) Cr.P.C. afresh as per law, is of purely interim nature against which revision is not maintainable. At this stage accused does not come into picture at all nor can he be heard. He has no l