Court No. - 33 Case :- CRIMINAL MISC. WRIT PETITION No. - 11404 of 2010 Petitioner :- Smt. Chandrawati & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- Jitendra Singh Respondent Counsel :- Govt. Advocate Hon'ble S.C. Agarwal, J.
Heard learned counsel for the petitioners, learned A.G.A. for the
State and perused the record.
Respondent no.3 moved an application under Section 156 (3)
Cr.P.C. on which the Magistrate directed for registration of F.I.R.
and investigation. The revision filed by the petitioners was
dismissed by Sessions Judge. Both these orders are under
challenge in this writ petition.
It has been held by this Court in catena of decisions that
prospective accused have no right to challenge the order passed by
the Magistrate under Section 156 (3) Cr.P.C. Thus this writ
petition at the instance of prospective accused is not maintainable
and is accordingly dismissed.
However, it shall be open to the petitioners for approaching this
Court after registration of the F.I.R.
Order Date :- 30.6.2010
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