The maintainability of a petition under Section 156(3) Cr.P.C. is contingent upon prior judicial directions and the existence of a cognizable offense.

ORDER

The revision challenges the dismissal of the petitioner’s application filed under Section 156(3) of Cr.P.C. seeking registration of the First Information Report on the complaint given by the petitioner on 14.03.2022.

2. The learned Magistrate dismissed the said petition on the ground that the petitioner had earlier approached this Court in Crl.O.P.No.7626 of 2022 and this Court by order dated 14.06.2022 had directed the respondent to conduct an enquiry if any cognizable offence is made out, to register the First Information Report; and that after the order passed by this Court, the petition under Section

156(3) of Cr.P.C. would not be maintainable.

3. The learned counsel for the petitioner submits that since no action was taken, pursuant to the directions of this Court the petition filed before the Magistrate under Section 156(3) of Cr.P.C. is maintainable; and that the learned Magistrate ought to have directed registration of the First Information Report, since cognizable offences were made out.

4. The learned Government Advocate (Crl.Side) per contra submits that the enquiry was conducted and closed, since no cognizable offence was made out.

5. In response, the learned counsel for the petitioner would submit that the petitioner was not informed about the said action.

6. Hence, the respondent shall forthwith communicate to the petitioner the action taken. It is open to the petitioner thereafter to seek appropriate remedy available in law.

7. Accordingly, this criminal revision petition is dismissed.