156(3) Cr.P.C. – whether revision possible before Sessions or other court

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• • September 7, 2017 at 1:54 pm #2827
    Appla Raju

    Guest

    Dear sir,

    My wife filed 156(3) against me alleging that i was already being a married person married her with not disclosing the facts and done cognizable crime while marrying more than once in life time. My lawyer argued that the previous marriage was declared null and void by the competent court so the allegations alleged by the wife doesn’t sustain in the eye of law. After hearing JM first class dismissed the application filed by the wife under sec 156(3) stating no cognizable offence committed hence no need to give directions under 156(3).
    My query is that when a prayer for 156(3) Crpc declined by judicial magistrate can revision of this order maintainable before the court of sessions or other.

    regards

  • September 7, 2017 at 6:00 pm #2830
    Dr. Ashok Dhamija

    Advocate

    Yes, revision petition can be filed against an order passed by the Magistrate under Section 156(3) of the Criminal Procedure Code before the Sessions Court or High Court. This is irrespective of whether such order rejected the prayer for investigation or granted such prayer.

    In this regard, let me point out the observations of a division bench of the Bombay High Court in the case of Avinash v. State of Maharashtra, 2015 SCC OnLine Bom 5197:

    “…the order u/s 156(3) of the Code not being an interlocutory order, but being a final order in a proceeding u/s 156(3) of the Code would certainly be revisable under the revisional powers of the Sessions Court or the High Court. … the order u/s 156(3) of the Code of Criminal Procedure, 1973, is not an interlocutory order, but is a final order terminating the proceeding u/s 156(3) of the Code and that the revision u/s 397 or Section 401 of the Code would lie.”

     

         

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    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

  • September 7, 2017 at 9:17 pm #2833
    Appla Raju

    Guest

    Dear sir
    thanks for providing information but here the important fact in the case is that wife had alleged the offence of non-cognizable in nature (ipc 494 , ipc 495) then how can revision court accept revision. as per information magistrate can only order u/s 156(3) if the offence is of cognizable in nature but the offences ipc 494 and ipc 495 are non-cognizable in nature. then how can magistrate take cognizance under sec 156(3).
    please solve my doubt.

    regards

  • September 8, 2017 at 12:45 am #2834
    Dr. Ashok Dhamija

    Advocate

    Firstly, remember that I have replied to your legal question contained in your second paragraph of the question as to whether there can be revision against order under Section 156(3) Cr.P.C. Facts are individual to each case, but the legal question remains the same. My answer to the legal question was “yes”.

    Secondly, you should disclose all relevant facts in your initial question itself, instead of clarifying later. In fact, your initial question mentioned that her complaint mentioned that cognizable offence was committed.

    Please also remember that Sections 494 and 495 IPC are cognizable in one or two states (such as in Andhra Pradesh). So, I have to consider general scenario, not knowing full facts.

    In any case, legally speaking, the order of the Magistrate holding that the offence was non-cognizable and hence no order could be issued under Section 156(3), may itself be challenged in revision, though ultimately, the Sessions Court may agree with the Magistrate if it is non-cognizable offence.     

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    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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