VEER VIKRAM SINGH Vs. STATE OF U P

JUDGEMENT

(1.) -An order under Section 156 (3), Cr.P.C. cannot be challenged by prospective accused. An order under Section 156 (3), Cr.P.C. is an administrative order seeking the direction to the police. Prospective accused cannot appear and argue that the Magistrate does not have any power to direct the police to lodge the F.I.R. for cognizable offence. The contention of the learned counsel for the applicant is wholly illegal. Under Section 156 (3), Cr.P.C. no new investigation is ordered. It is the same investigation, which is to be carried out by the police under Section 156 (1), Cr.P.C. Investigation under Section 156 (1), Cr.P.C. is carried out after the registration of F.I.R. under Section 154 (1), Cr.P.C.

(2.) THE Apex Court in number of cases State of Haryana v. Bhajan Lal, AIR 1992 SCC 462 ; Janata Dal v. H. S. Chowdhary's, 1993 SCC (Cr.) 36 ; Union of India v. W. N. Chadha, (1996) SCC (Cr.) 1171 , has laid down the law that the prospective accused has no right to be heard and in what manner the investigation is to be done and by whom the investigation has to be done is the choice of investigating agency. Accused has no right to challenge and plead that the investigation should not be done or that it would be done in particular manner.

(3.) THIS application is dismissed.