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Rushab Sawant   01 April 2020

CRPC SECTION 156(3)

section 156(3) of CRPC can be challenged in court


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 3 Replies

Siddharth Srivastava (Advocate)     01 April 2020

The order passed in proceeding u/s. 156 (3) cr.p.c. can be challenged in higher court by way of revision. 

Rohit Krishan Naagpal (Advocate)     02 April 2020

 

revision petition under Section 397 of the Cr.P.C. against the impugned order directing registration of an FIR was not maintainable being an interlocutory order, and thus not amenable to revision vide the judgment of the Full Bench of the Hon'ble Allahabad High Court in the case of Father Thomas vs. State of UP & Anr. reported in (2011) Cri.L.J. 2278 but in the case of Manohar Singh vs. State decided on 10.04.2013 by the Hon'ble Delhi High Court reported in 2013 (4) AD (Delhi) 189, it had been held that a revision petition against an order directing registration of an FIR was maintainable and that the Hon'ble High Court in this judgment had also considered the judgment in the case of Father Thomas   but had followed the ratio laid down by the Hon'ble Supreme Court in the case of Kishan Lal vs. Dharmender Bafna reported in 2009 (9) Scale 768.

It is you to see which one applies to facts of your case.

Om Shanti

 

 

Rushab Sawant   02 April 2020

Thanks Siddharth and Rohit Sir for helping me

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