This application in criminal misc. writ petition is directed against the order passed by the Magistrate whereby he has allowed the application under Section 156(3) Cr.P.C. filed by the informant and directed the concerned police station to register and investigate the first information report.
A Full Bench of this Court in the case of Father Thomas Versus State of U.P. and others reported in 2011 (1) ADJ 333 has held that the orders for investigation are only an ancillary step in aid of the investigation or trial, and are clearly interlocutory in nature, similar to orders granting bail, or calling for records, or issuing search warrants, or summoning witnesses and other like matters which infringe no valuable rights of the prospective accused and the direction for investigation passed by the Magistrate under Section 156(3) Cr.P.C. is purely interlocutory in nature, and involves no substantial rights of parties.
Thus, in view of the law laid down by the Full Bench of this Court in the case of Father Thomas (Supra), the impugned order which is interlocutory in nature is not liable to be interfered with by this Court in the exercise of its power under Article 226 of the Constitution of India.
Accordingly, this application in writ petition is dismissed as not maintainable with liberty to the petitioners to challenge the first information report which may be registered against them pursuant to the order impugned in this application in appropriate proceedings.
Order Date :- 9.2.2011 arun