CAV JUDGMENT

Per P. R. Ramachandra Menon, Chief Justice

1. Dismissal of the writ petition filed by the Appellants challenging the Annexure- A/2 order dated 21/06/2019 passed by the learned Magistrate, directing the Police Officer concerned to register FIR and to proceed with the investigation under Section 156(3) of the Code of Criminal Procedure (in short, 'CrPC'), in respect of the cognizable offences and the subsequent proceedings whereby FIR came to be registered by the Police Officer are put to challenge in this appeal. The main ground of challenge is that the order passed by the Magistrate under Section 156(3) of the CrPC is not correct or sustainable for non-satisfaction of the pre-requirements under Section 154(1) and 154(3) of the CrPC, which has not been correctly appreciated by the learned Single Judge while holding that no such requirement is there in Section 156(3) of the CrPC. It is pointed out that the verdict passed by the learned Single Judge is contrary to the law declared by the Apex Court in Priyanka Srivastava and Another vs. State of Uttar Pradesh and Others, [(2015) 6 SCC 287] and hence the challenge.

2. Heard Ms. Sharmila Singhai, the learned counsel appearing