C482/748/2024
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Uttarakhand High Court

C482/748/2024 on 30 April, 2024

Author: Rakesh Thapliyal

Bench: Rakesh Thapliyal

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                                      C 482 No. 748 of 2024
                                      Hon'ble Rakesh Thapliyal, J.

1. Mr. Vipul Sharma, learned counsel for the applicant.

2. Mr. V.K. Gemini, learned Deputy Advocate General and Mr. Saurabh Pandey, learned Brief Holder for the State.

3. The question raised in the instant application is whether the order deciding an application under Section 156 (3) Cr.P.C. is an interlocutory order or is a final order. In this case, application under Section 156 (3) Cr.P.C. was allowed against which present applicant has filed Criminal Revision, however, Criminal Revision was rejected on the ground that order allowing the application under Section 156 (3) Cr.P.C. is an interlocutory order, therefore, revision is not maintainable. The Revisional Court while rejecting the application under Section 156 (3) Cr.P.C. has placed reliance on the judgment rendered by the Allahabad High Court.

4. In response to this, Mr. Vipul Sharma, learned counsel for the applicant has placed reliance on the judgment rendered by Delhi High Court in the case of Nishu Wadhwa Vs. Siddharath Wadha (2017) SCC Online Del 6444 particularly paragraph 11, 12 and 13. By placing reliance on the judgment, he submits that order passed under Section 156 (3) Cr.P.C. is a final order and not an interlocutory order.

5. Learned State Counsel seeks three days' time to go through the judgment.

6. List on 07.05.2024, as fresh.

7. In the meantime, if FIR is not registered till date, pursuant to the order passed by the Magistrate under Section 156 (3) Cr.P.C. then no FIR shall be registered against the applicant.

(Rakesh Thapliyal, J.) 30.04.2024 SKS