Allahabad High Court High Court

Smt. Chandrawati & Others vs State Of U.P. & Others on 30 June, 2010

Allahabad High Court
Smt. Chandrawati & Others vs State Of U.P. & Others on 30 June, 2010
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
ss