Maintainability of revision

Querist : Anonymous (Querist) 18 December 2010 This query is : Resolved
The High Court has held that : "Revision not maintainable against order of magistrate u/s 156(3) directing the police to register and investigate the case because , if the FIR has not been registered, the revisionist is only prospective accused and if FIR has been registered, the remedy lies before division bench for quashing of FIR".

Can above order be challenged successfully before the supreme court ?

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SAANJAAY GUPTAA (Expert) 19 December 2010
No,you may not be get a favorable order from the supreme court as High Court observed rightly in the matter.

s.subramanian (Expert) 19 December 2010
The order of the High Court is right. The stage for the accused to appear before the court and object to the proceedings is not ripe. Such a move will be rejected by the Supreme Court of India as premature.

Advocate. Arunagiri (Expert) 19 December 2010
Mr.Subramanian is Right.

The order u/s 156(3) is an administrative order of the magistrate.

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