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HIGH COURT OF JUDICATURE AT ALLAHABAD
CHAWAN PRAKASH
Nahni – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. application under section 156(3) cr.p.c. (Para 3 , 4 , 6) |
| 2. revision maintainability argument (Para 5) |
| 3. court’s interpretation of section 156(3) cr.p.c. (Para 7 , 8 , 9) |
| 4. no revision lies against magistrate's order (Para 10) |
| 5. conclusion of non-maintainability (Para 11) |
JUDGMENT :
CHAWAN PRAKASH, J.
1. List revised.
2. None present on behalf of revisionists. However, learned AGA ispresent.
3. The instant revision has been filed for setting aside the impugned order dated 03.11.2023 passed by learned Additional Chief Judicial Magistrate, Hathras in Case No. 416/12 of 2023 (Manju Vs. Nahni and others), whereby learned Magistrate issuing a direction under Section 156 (3)Cr.P.C. to the police to register an FIR and to investigate the same.
4. Brief facts of the case are that opposite party no. 2 moved an application under Section 156 (3) Code of Criminal Procedure (Cr.P.C.) before the A.C.J.M., Hathras seeking registration of FIR against the revisionists. Learned Additional Chief Judicial Magistrate, vide order dated 30.10.2023 allowed the said application and directed the police to register an FIR and to investigate the same. Feeling aggrieved the presentrevision has b
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.
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 ....
Point of Law : Magistrate while exercising powers under Section 156(3) of the Cr.P.C. cannot act as a post office as the Magistrate has to apply his mind with regard to the fact as to whether the cas....
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