- (1.) The petitioner filed an application under Section 156(3), Cr.P.C. before the learned Magistrate for a direction to the police to register FIR and make investigation in the matter. The application was rejected by the learned Magistrate vide order dated 20.8.2014. Aggrieved by the said order, the petitioner filed Criminal Revision No. 319 of 2014 which has been dismissed by the revisional court vide order dated 5.9.2014, by holding that the order of the Magistrate dated 20.8.2014 rejecting the application under Section 156(3), Cr.P.C. is an interlocutory order and no revision lies against such an order. For coming to such conclusion, revisional court has relied on a Full Bench judgment of this court in the case of Father Thomas, 2011 CrLJ 2278 (All).
(2.) Learned counsel for the petitioner submitted before this court that the Full Bench judgment of this court in case of Father Thomas, 2011 CrLJ 2278 , was considered and explained in a subsequent Full Bench judgment of this court in the case of Jagannath Verma v. State of U.P., 2014 AIR(All) 214 wherein this court has held that the judgment in the case of Father Thomas is not an authority on question whether the order passed by the learned Magistrate under Section 156(3), Cr.P.C. rejecting the application is an interlocutory order or not and whether revision lies against it or not.
(3.) It is further submitted that, on the contrary, the Full Bench in the case of Jagannath Verma, 2014 AIR(All) 214 has clearly laid down that the order of the Magistrate rejecting application under Section 156(3), Cr.P.C. is not an interlocutory order and revision against such an order is maintainable.;