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RAJESH SINGH CHAUHAN
Dost Mohammad – Appellant
Versus
State of U. P. , Thru. Prin. Secy. Deptt. Home Lko. – Respondent
JUDGMENT :
1. Heard Sri Dinesh Kumar Singh, learned counsel for the petitioners, Ms. Nusrat Jahan, learned AGA for the State and Sri R.B.S. Rathaur, Advocate who has filed 'Vakalatnama' on behalf of opposite party no. 2, same is taken on record.
2. By means of this petition the petitioners have prayed following relief :
It is further prayed that this Hon'ble Court may kindly be pleased to set aside the consequential order dated 20.02.2024 passed by the Judicial Magistrate-II, Faizabad/Ayodhya in Complaint Case No.1217/2021 (Mohammad Ahmad Vs. Dost Mohammad and others), contained as Annexure No.2 to the present petition."
3. The precise contention of learned counsel for the petitioners is that though the complaint / application filed by the opposite party no. 2 u/s 156(3) Cr.P.C. on 28.9.2021 is a counter-blast to the F.I.R. bearing No. 0346 of 2021 u/s 420, 467, 468, 471, 504, 506 IPC, P.S. Kotwali Rudauli,
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 ....
Magistrate has to always apply his mind on the allegations in the complaint where he may use his powers under Section 156(3) Cr. P.C. In this connection, it may be immediately added that where in an ....
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.
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).
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