Petition u/s 156(3)

Querist : Anonymous (Querist) 05 March 2011 This query is : Resolved
Hi,

If an application is filed u/s 156(3) to lodge an FIR but the magistrate dismissed the application of the petitioner then can the petitioner file revision of the order under higher courts.

Is there any judgements/ orders supporting this.

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Advocate. Arunagiri (Expert) 05 March 2011
ON what ground it was dismissed?

Ajay Bansal (Expert) 05 March 2011
Yes,why not.A revision can be filed in Sessions Court.If a prima-faci case is made out in respect of crime in question,then there is no need of any judgement for revision's support.

prashant pundhir (Expert) 05 March 2011
Whatever the ground of dismissal may be, but the petitioner have the right to go for the revision to the session or other higher courts . it is different thing that session court directly can not pass order to the police to lodge the fir .He will return it back to the magistrate with the appropriate direction. Also it is the out look of magistrate that weather he passes the order for lodging fir and investigate or treat is as a complaint case .

Vikas Nagwan (Expert) 05 March 2011
there are some alternates to the FIR which is filed under section 154 cr.pc. 156(3) is generally used in cases where police had refused to lodge an FIR. THERE can be many grounds of dismissal of application and since you have not mentioned the grounds, i am not sure what to advice. I do not agree with my fellows here... THE GENERAL PRINCIPLE THAT REVISION AGAINST THE ORDER PASSED UNDER SECTION SECTION 156 (3) CANNOT BE DONE.... i suggest you to file a complaint to the concerned magistrate which is empowered to take cognizance...

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