Criminal
Nikhil Jagga
(Querist) 12 October 2012
This query is : Resolved
Whether Order passed under Section 156(3) of the crpc. by magistrate for investigation and registartion of fir can be revised ??? or it is interloctary order.
Pls guide with cases how to prove it as a final order so that revision under section 397 of crpc. is maintainable.
Guest
(Expert) 12 October 2012
Revision is maintainable against an order issued under 156 Cr.P.C.
For cases you need to search yourself. Indiankanoon.org would prove handy for this.
Adv.R.P.Chugh
(Expert) 12 October 2012
In such cases revision is not normally entertained. 482 though is always attracted.
However you can argue on these lines - In my view we can argue on it being a final order by adopting the general rule of distinguishing between interlocutory and final orders for the purposes of revision. (This is a CPC test though) If the order had been otherwise it would have completely terminated the proceedings against one party - that order is not interlocutory. In the present case if investigation wasn't ordered - there would have been no proceedings at all. Hence capable of reivsion and not an interlocutory order
