• About Us
  • Privacy Policy
  • Terms of use
  • Contact Us
Tuesday, March 2, 2021
Law Trend
  • google-play
  • apple-store
  • Login
  • Home
  • About Us
  • Trending Stories
  • Court Updates
  • Judgements
  • Law Trend - हिन्दी
  • Bare Acts and Rules
    • Central
    • State
  • Webinar
  • Columns
  • Online Internship
  • More
    • Humour
    • Submit Judgment/Order/Posts
    • Quotes
    • Legal Dictionary
    • Courts Weblink
No Result
View All Result
Law Trend
  • Home
  • About Us
  • Trending Stories
  • Court Updates
  • Judgements
  • Law Trend - हिन्दी
  • Bare Acts and Rules
    • Central
    • State
  • Webinar
  • Columns
  • Online Internship
  • More
    • Humour
    • Submit Judgment/Order/Posts
    • Quotes
    • Legal Dictionary
    • Courts Weblink
No Result
View All Result
Law Trend
No Result
View All Result

Is Revision Maintainable Against the Order passed u/s 156(3) CrpC to investigate a Cognizable Case? Allahabad HC

by Law Trend
February 11, 2021
in Trending Stories
2 min read
allahabad high court
1.4k
SHARES
4k
VIEWS
Share on FacebookShare on TwitterShare via WhatsappShare via EmailPinterest

The Allahabad High Court has held that a revision under section 397 CrpC is barred against an Order of Magistrate passed under Section 156(3) CrPC directing police to investigate a cognizable case.

In this case the an order dated 18.11.2020 was passed upon an application filed by the opposite party no. 2 under Section 156 (3) Cr.P.C. whereby the said application was allowed by the Judicial Magistrate, Mathura with a direction for registration of an F.I.R. and investigation of the case.

The Applicant challenged the said order in revision before the Session Judge, which dismissed the same being not maintainable, in view of the Full Bench of the Judgment of Allahabad High Court in the case of Father Thomas Vs. State of U.P. and Others reported in 2011 (72) ACC 564.

Hon’ble Justice (Dr.) Y K Srivastava of Allahabad High Court referring to the Judgment of Father Thomas (Supra) held that an order of the Magistrate made in exercise of powers under Section 156 (3) Cr.P.C directing the police to register and investigate is not open to revision at the instance of a person against whom neither cognizance has been taken nor any process issued. It has been further held that an order made under Section 156 (3) Cr.P.C. directing a police officer to investigate a cognizable case is an interlocutory order and the remedy of revision against such order is barred under Section 397 (2) Cr.P.C.

The Court further observed:

It may therefore be reiterated that at the precognizance stage when only a direction has been issued by the Magistrate under Section 156 (3) Cr.P.C. to investigate a prospective accused has no locus standi to challenge a direction for investigation of a cognizable case before cognizance or the issuance of process. It may also be taken note of that the order by the Magistrate directing a police officer to investigate a cognizable case is an incidental step in the aid of investigation and trial and is interlocutory in nature, similar to orders granting bail, calling for records, issuing search warrants, summoning witnesses and other like matters which do not impinge upon a valuable right of a prospective accused and is, hence, not amenable to a challenge in a criminal revision in view of the bar contained under Section 397(2) Cr.P.C.

Click to Read/Download Judgment

Tags: 156(3) CrpCAllahabad High Courtrevision

Related Posts

bar head partho das gupta
Court Updates

Bombay HC grants bail to former CEO of BARC Partho Dasgupta in the TRP manipulation case

March 2, 2021
hcba lawyers strike
Court Updates

HCBA Terminates Membership of a Lawyer, Who filed Case During Strike

March 2, 2021
Karnataka HC
Court Updates

72 Year Old Accuses 28 High Court Judges as Criminals: HC Directs him to take legal advice

March 2, 2021

Advertisement

POPULAR NEWS

  • Justice Pushpa V Ganediwala lawtrend

    Bombay HC Judge who gave “Skin to Skin” POCSO Verdict loses Judgeship Confirmation

    5725 shares
    Share 2290 Tweet 1431
  • Where is the Provision of Using Advocate Sticker on Vehicle?

    5116 shares
    Share 2046 Tweet 1279
  • What is the tenure of protection granted under Anticipatory Bail? :SC 5 Judges

    4827 shares
    Share 1930 Tweet 1206
  • Air Asia Crashes Against Gaurav Taneja; Court Says Airline Suppressed Facts

    4697 shares
    Share 1879 Tweet 1174
  • Husband-Wife Take Oath as High Court Judge

    3270 shares
    Share 1308 Tweet 818
Law Trend

Rabhyaa Foundation has started this platform on values enshrined in the Preamble of the Constitution of India. The object of this platform is to create informed citizens with recent legal updates, Judgments, Legislations of Parliament and State Legislatures, and views of experts in the field of law, in plain and pointed language, for the intellectual development of citizens.
Our tag line “The Line of Law” guides that this......
Read More

Follow Us On Social Media

Subscribe to our News Letter

Sign Up for weekly newsletter to get the latest news, Updates and amazing offers delivered directly in to your inbox.

Categories

  • Trending Stories
  • Court Updates
  • Columns
  • Bare Acts and Rules
  • Online Internship
  • About Us
  • Privacy Policy
  • Terms of use
  • Contact Us

© 2020 Law Trends| All Right Reserved | Designed ByAaratechnologies Pvt Ltd

No Result
View All Result
  • Home
  • About Us
  • Trending Stories
  • Court Updates
  • Judgements
  • Law Trend – हिन्दी
  • Bare Acts and Rules
    • Central
    • State
      • Uttar Pradesh Acts
      • Uttar Pradesh Rules
      • Uttrakhand
      • DELHI
  • Webinar/Videos
  • Columns
  • Online Internship
  • More
    • Humour
    • Submit Judgment/Order/Posts
    • Quotes
    • Legal Dictionary
    • Courts Weblink
  • Android App
  • IOS APP

© 2020 Law Trends| All Right Reserved | Designed ByAaratechnologies Pvt Ltd

Welcome Back!

Login to your account below

Forgotten Password?

Create New Account!

Fill the forms bellow to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In