Interlocutory Order Under Section 156(3) Cr.P.C. Not Subject to Revision, Says Court
In a significant ruling, the Allahabad High Court has held that a criminal revision challenging a Magistrate's order directing the police to register a First Information Report (FIR) and conduct an investigation is not maintainable. The judgment was delivered by Justice Chawan Prakash on December 9, 2025, in the case titled "Nahni And 5 Others v. State of U.P. and Another."
The petitioners, who were the proposed accused, had filed a criminal revision against the order dated November 3, 2023, issued by the Additional Chief Judicial Magistrate, Hathras. The Magistrate had directed the police to register an FIR and investigate the allegations made by the second respondent under Section 156(3) of the Code of Criminal Procedure (Cr.P.C.).
The High Court emphasized that such an order is considered interlocutory and, therefore, not open to revision under Section 397(2) Cr.P.C. The Court relied on a previous Full Bench judgment in the case of Father Thomas v. State of U.P., which clarified that orders made under Section 156(3) Cr.P.C. are interlocutory in nature. Consequently, the remedy of revision is barred, and the order is not subject to challenge by individuals against whom neither cognizance has been taken nor any process issued.
The Court further noted that the Full Bench had addressed pertinent questions regarding the maintainability of revisions and writ petitions in similar contexts. It concluded that the view expressed in the case of Ajay Malviya v. State of U.P., which suggested that orders under Section 156(3) are amenable to revision, was incorrect.
In dismissing the revision, Justice Chawan Prakash reiterated that orders directing the registration of FIRs and investigations are procedural steps aimed at facilitating the investigation of cognizable offenses. As such, they do not infringe upon the rights of the proposed accused at the pre-investigation stage.
This ruling reinforces the legal principle that interlocutory orders, particularly those facilitating police investigations, are insulated from revision challenges, thereby ensuring the smooth functioning of the criminal justice process.
Bottom Line:
Criminal revision against the order of Magistrate directing police to register FIR under Section 156(3) Cr.P.C. is not maintainable as such an order is an interlocutory order and remedy of revision is barred under Section 397(2) Cr.P.C.
Statutory provision(s): Section 156(3) Cr.P.C., Section 397(2) Cr.P.C.
Nahni v. State of U.P., (Allahabad) : Law Finder Doc id # 2821450
