(1.) -We have heard Sri. G.S. Chaturvedi Senior Advocate assisted by Sri Samit Gopal, Sri D.S. Mishra and Sri Dileep Gupta Advocates for the private parties and Sri Patanjali Mishra, A.G.A., Sri Neeraj Verma, A.G.A., and Sri D.R. Choudhary , Government Advocate for the State of U.P. Written arguments and case law were filed by the State. However inspite of time being allowed, no written arguments or case law were filed by the private counsel, except Sri G.S. Chaturvedi, who had filed some case law in 2008 in the leading petition, Crl. Revn. No. 1640 of 2000 on behalf of Father Thomas, and has also supplied us with some additional photocopies of relevant case law.
(2.) THIS Full Bench was constituted after an order dated 28.9.01 was passed by the Single Judge (Hon. J.C. Gupta, J), who was examining the power of the Court in a Criminal Revision to question an order of the Magistrate issuing a direction under Section 156(3) of the Code of Criminal Procedure (hereafter 'Cr.P.C or 'the Code') to the police to register an FIR and to investigate the same.
(3.) A. Whether the order of the Magistrate made in exercise of powers under Section 156(3) Cr.P.C. directing the police to register and investigate is open to revision at the instance of a person against whom neither cognizance has been taken nor any process issued? B. Whether an order made under Section 156(3) Cr.P.C. is an interlocutory order and remedy of revision against such order is barred under sub-section (2) of Section 397 of the Code of Criminal Procedure, 1973? C. Whether the view expressed by a Division Bench of this Court in the case of Ajay Malviya v. State of U.P. and others, 2000(41) A C C 435, that as an order made under Section 156(3) of the Code of Criminal Procedure is amenable to revision, no writ petition for quashing an F.I.R registered on the basis of the order will be maintainable, is correct? Opinion of the bench on the three issues : A. Locus standi of a prospective accused against whom neither cognizance has been taken nor process issued, to challenge an order under Section 156(3) Cr.P.C. in a Criminal Revision.
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