1. my application u/s 156(3) for registration of FIR was dismissed by Ld. MM. He asked me to proceed in provisions of CrP.C 200 and lead pre-summoning evidence.
2. I preffered revision u/s 397 read with 401 Cr.P.C agasint the impugned dismissal order at Sessions Court.
3. Ld. Session Judge admits that revision u/s 397 against dismissal of application u/s 156 Cr.P.C. maintainable.
4. But Ld. Session Judge argues such maintainability of Revision Petition u/s 397 agasint dismissal of 156(3) crpc is only at High Court and not the session Court. As High Court is more empowered to make decisions on such interlocutory orders, which orderwise are not maintainable u/s 397(2) Crp.C. at Session Courts level.
5. Judgements quoted by Ld. ASJ in his submissions are :
a. Sakri Vasu vs State of UP, 2008(1)JCC 113
b. Mohm. Salin Vs. State of Delhi, 175(2010) DLT in Crl MC 3601/2009
c. Amar Nath & Ors Vs. State of Haryana, AIR 1977 SC 2185
d. Gangadhar Behera vs. State of Orrisa 2008 Crl. L.J 839
6. Ld. ASJ has asked for any citation in this respect which says that revision agasint 156(3) dismisal is maintainable at Session Court also
Please help me with citations or judgements. I will be really thankful.
Argues that even though the revision agasint interlocutory order i.e. dismissal of 156(3) is permissible but not at Session Court but at High Court.