MANISH KUMAR TIWARI Vs. STATE OF U P

JUDGEMENT

(1.) CRIMINAL Procedure Code, 1973, Section 156 (3) - Registration of F. I. R.-Application for - Magistrate allowed the application - Revision against - Maintainability of - Held : Not maintainable because an accused of a cognizable offence has no right to instal the registration of F. I. R. against him. Section 156 (3) Cr. P. C. is an administrative order provided under Chapter XII Cr. P. C. dealing with power of the police to register the case and investigate the same. It is a judicially exercisable administrative power over the police echelons. The power, which has been conferred on the Superintendent of Police under Section 154 (2) Cr. P. C. has been conferred on the Magistrate under Section 156 (3) Cr. P. C. It is not a case decided and nobody is affected by passing the order under Section 156 (3) Cr. P. C. If the cognizable offence is disclosed through an application under Section 156 (3) Cr. P. C, the Magistrate is bound to order for registration of the F. I. R. and investigation of the offence because the foremost and primary duty of the police is to register the F. I. R. of cognizable offences under Section 154 Cr. P. C. and investigation the offence under Section 156 (1) Cr. P. C. thereof. No person, who is an accused of a cognizable offence in an application under Section 156 (3) Cr. P. C. has got a right to challenge the order for registration of the F. I. R. against him. An accused of a cognizable offence has no right to install the registration of the F. I. R. against him. [paras 4 and 5] .