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HIGH COURT OF JUDICATURE AT ALLAHABAD
CHAWAN PRAKASH
Parveen Bano – Appellant
Versus
State Of Up – Respondent
JUDGMENT :
CHAWAN PRAKASH, J.
1. Heard Sri Jitendra Kumar Srivastava, learned counsel for the revisionist, learned A.G.A. for the State and Sri Firdos Ahmad, Advocate holding brief of Sri Kanhaiya Lal Tiwari, learned counsel for the opposite party nos. 2 to 5 and perused the record.
2. The present criminal revision has been filed against the order dated 30.11.2023 passed by the learned Additional Sessions Judge/Special Judge (POCSO Act), Basti in Criminal Misc. Case No. 425 of 2023, under Section 156(3) Cr.P.C. (Parveen Bano Vs. Ajeej and others) whereby the application filed by the revisionist under Section 156(3) Cr.P.C. was treated as complaint case.
3. The brief facts of the case are that an application under Section 156(3) Cr.P.C. was filed by the informant Parveen Bano for registration of the F.I.R. but the said application was treated as complaint case by the learned Additional Sessions Judge/Special Judge, (POCSO Act), Basti vide order dated 30.11.2023. Feeling aggrieved by the said order, the present revision has been filed.
4. It is submitted by learned counsel for the revisionist that the opposite party nos. 2 to 5 are family members of the revisionist. On 17.09.2023 at about
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 ....
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 ....
The Magistrate has discretion under Section 156(3) of the CrPC to determine whether to direct an investigation, particularly in civil disputes masquerading as criminal matters.
The mandatory nature of the provision for registration of a first information report under Section 154(1) of the Code of Criminal Procedure and the discretion of the Magistrate in ordering the regist....
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