Recently, the Allahabad High Court reaffirmed a settled principle of criminal procedure, holding that a criminal revision is not maintainable against a Magistrate’s direction to register an FIR under Section 156(3) of the Code of Criminal Procedure when no cognizance has been taken and no process has been issued against the proposed accused.
The case arose from a challenge to an order of a Magistrate directing the police to register an FIR and conduct an investigation on an application filed under Section 156(3) CrPC. Aggrieved by the direction, the proposed accused approached the High Court seeking to set aside the order.
The State opposed the plea, contending that such a revision is barred in law. It was argued that an order passed under Section 156(3) CrPC is only a pre-cognizance step meant to trigger investigation and does not determine the rights or liabilities of the proposed accused. Consequently, such an order falls within the category of interlocutory orders, against which revisional jurisdiction is expressly barred under Section 397(2) CrPC.
The High Court examined the scope of interference at the pre-investigation stage and relied on binding Full Bench precedent of the Court, which has conclusively held that a direction to register and investigate a case under Section 156(3) CrPC cannot be assailed in revision by a person against whom no cognizance has been taken.
Reiterating that the criminal justice process does not permit premature challenges to investigative directions, the Court observed that allowing revisions at this stage would derail statutory investigation and defeat the scheme of the Code.
In light of the settled legal position, the High Court dismissed the criminal revision as not maintainable, reinforcing that proposed accused persons must await appropriate stages under law before invoking judicial remedies.
Case Title: Nahni and Others v. State of U.P. and Another
Case No.: Criminal Revision No. - 6131 of 2023
Coram: Hon’ble Mr. Justice Chawan Prakash
Counsel for the Revisionist: Adv. Rajesh Kumar Bind
Counsel for the State: G.A.
Read Judgement @LatestLaws.com
Picture Source :
