Case Note & Summary
The petitioner approached the High Court challenging an order dated 18.12.2025, where the Additional Sessions Judge quashed the order of the Judicial Magistrate First Class directing the registration of an FIR under Section 156(3) of the Code of Criminal Procedure, 1973. The petitioner contended that the FIR had already been registered on 08.04.2025 following the Magistrate's order on 29.03.2025, and thus the revision filed by the accused was not tenable. The respondents argued that the revision was maintainable as the charge-sheet was filed only on 18.08.2025, and the learned Revisional Court found fault with the Magistrate's order for lacking proper consideration of the affidavit supporting the complaint. The court analyzed the legal principles surrounding the maintainability of revisions post-FIR registration, referencing previous judgments including Kailash Dattatraya Jadhav v. State of Maharashtra and Arun P. Gid v. Chandraprakash Singh. It concluded that while a revision is maintainable, the appropriate remedy for the petitioner would be to challenge the FIR registration itself. The court ultimately dismissed the writ petition, affirming the Revisional Court's decision to remand the matter for fresh consideration while allowing the prosecution to continue.
Headnote
A) Criminal Procedure - Revision Against FIR Registration - Maintainability of Revision - Code of Criminal Procedure, 1973, Section 397 - The court held that a revision against an order directing investigation under Section 156(3) is maintainable even after the FIR is registered, as the remedy is not prohibited. However, the efficacious remedy lies in challenging the FIR registration itself, as the prosecution cannot be quashed post-registration (Paras 12-16).
Issue of Consideration
Whether a revision against an order directing investigation under Section 156(3) of the Code of Criminal Procedure is maintainable after the registration of the FIR.
Final Decision
The High Court dismissed the writ petition, affirming the Revisional Court's decision to quash the FIR registration order while allowing the prosecution to continue.
Law Points
- Criminal Procedure
- Revision
- FIR Registration
- Judicial Discretion
- Judicial Review
