AMARNATH AGRAWAL Vs. S JAI SINGH AGRAWAL

JUDGEMENT

(1.) These writ petitions under Article 226/227 of the Constitution of India have been preferred by the petitioner (complainant) challenging the orders passed by the Sessions Court entertaining the revision application preferred by the private respondents to challenge the order passed by the Magistrate under the provisions of Section 156 (3) of the Code of Criminal Procedure, 1973 (for short 'the Code').

(2.) In both the writ petitions, a common question of law has been raised by the petitioner that an order passed by the Magistrate in exercise of powers under Section 156 (3) of the Code is not open to challenge in revisory jurisdiction by the prospective accused, therefore, the revision application before the Session Judge is not maintainable. Thus, the Sessions Court ought not to have entertained the revision and interfered with the process of registration of FIR and investigation.

(3.) Since both the petitions raised common question of law, they are being considered and decided by this common order.