Court No. - 49
Case :- APPLICATION U/S 482 No. - 25151 of 2018 Applicant :- Hansraj Tiwari Opposite Party :- State Of Up Counsel for Applicant :- Anand Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Learned counsel for the applicant is permitted to implead the accused as a party.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the order dated 21.04.2018 passed by the Addl. Session Judge (F.T.C.-I), Ballia in Criminal Revision No. 132 of 2016 (Dr. Rakesh Singh Vs. State and Another), arising out of Case No.
238 of 2016, under Section 156(3) Cr.P.C., Police Station- Kotwali, District- Ballia.
Learned counsel for the applicant states that the revisional court has clearly erred in allowing the criminal revision filed by the accused and setting aside the order to register a FIR.
Reliance has been placed on a Full Bench decision of this Court in the case of Father Thomas Vs. State of U.P. and Others reported in 2011 (72) ACC 564 wherein it has been specifically held that no criminal revision is maintainable against the order of the Magistrate simply directing the police officer incharge to investigate a case in exercise of powers under section 156(3) Cr.P.C.
Consequently, the order dated 21.04.2018 is set aside and the matter is remitted to the learned Court below to pass afresh order, in accordance with law, in light of the observations made above.
The aforesaid exercise may be concluded as expeditiously as possible, preferably within a period of two months from the date of production of a certified copy of this order.
With the aforesaid observation, the present application is
allowed.
Order Date :- 26.7.2018 Abhilash