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RAHUL CHATURVEDI
Yunus – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
1. Heard Shri Prem Shankar Mishra, learned counsel for the revisionists; Shri Bhuvnesh Kumar Singh, learned counsel for opposite party no.2 and learned A.G.A. for the State. Perused the record.
2. The instant criminal revision is being filed by the revisionists Yunus, Kamil and Alim, assailing the legality and validity of impugned order dated 01.02.2021 passed by the Judicial Magistrate, Chandpur, Bijnor in Criminal Case No.391 of 2019 (State vs. Kamil and others), arising out of Case Crime No.223 of 2018, u/s 323, 324, 325, 504, 506 I.P.C., P.S.-Shivala Kala, District-Bijnor, whereby learned Magistrate has taken cognizance against the revisionists for the offence u/s 323, 324, 326, 504, 506 I.P.C., while responding to the application dated 31.5.2019 filed by the prosecution at pre-cognizance stage.
3. Long and short of the submissions advanced by learned counsel for the revisionists is that on 21.11.2018 a F.I.R. was got registered for the incident said to have taken place on 9.9.2018 by Mohd. Akram u/s 307, 323, 504, 506 I.P.C. against Kamil, Alim and one unknown person. This F.I.R. was registered routed through an Application u/s 156(3) of Cr.P.C. with the allegation tha
(1) In exercising revisional power, Sessions Court cannot quash cognizance and summoning order passed by Magistrate.(2) Plea of alibi of accused shall be examined only during trial at stage of defenc....
The main legal point established in the judgment is the exclusive jurisdiction of the Court in altering or adding charges and committing the case to the Court of Session, as well as the limitations o....
The Magistrate has the power to independently apply his mind and take cognizance of a case, and the plea of alibi should only be examined during the trial, not at the investigation stage.
An order under Section 156(3) Cr.P.C. directing police to register an FIR is not revisable and is considered an interlocutory order, thus barred under Section 397(2).
The main legal point established in the judgment is that orders made under Section 156 (3) Cr.P.C. directing the police to register and investigate a case are not open to revision at the instance of ....
A Magistrate has the discretion to either register a case under Section 156(3) or treat it as a complaint; there is no obligation to register every application as an F.I.R.
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