Court No. - 50 Case :- CRIMINAL REVISION No. - 2933 of 2010 Petitioner :- Soman & Others Respondent :- State Of U.P. & Another Petitioner Counsel :- Hari Pratap Gupta Respondent Counsel :- Govt. Advocate Hon'ble S.C. Agarwal,J.
This revision is directed against the order dated 21.7.2010
passed by the C.J.M. Gorakhpur in Criminal Case No. Nil of 2010
whereby application under Section 156(3) Cr.P.C. moved by
respondent no. 3 against the revisionists was allowed.
Sri Dhirendra Pratap Singh, learned counsel for opposite party
no. 2 and learned AGA have raised preliminary objection that
prospective accused has no right to challenge an order passed by
the Magistrate under Section 156 (3) Cr.P.C.
I agree with the submissions of learned AGA and learned
counsel for the complainant.
Revisionists are prospective accused at the stage of
investigation. They have no right to challenge an order directing
registration of the FIR and investigation. It is always open for the
accused to move this Court by means of a writ petition with a
prayer to quash the FIR.
The revision is not maintainable and is accordingly dismissed.
Order Date :- 2.8.2010
KU