Can High Court stay order passed by Magistrate under Section 156(3) CrPC?

[Anonymous]

If the Magistrate has passed an order under Section 156(3) of the Criminal Procedure Code directing investigation by police, can the High Court stay such order of the Magistrate?

[Dr. Ashok Dhamija]

Yes, it is possible for the High Court to grant a stay against the order of the Magistrate passed under Section 156(3) of the Criminal Procedure Code.

As I mentioned in one of my previous answers (156(3) Cr.P.C. – whether revision possible before Sessions or other court), a 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. If such higher court is convinced about the merits of such revision petition, it may grant stay against the order of the Magistrate at the initial stage during the pendency of such revision petition. Of course, after the revision petition is finally heard, either the order of the Magistrate may be approved, or set aside or modified depending on the facts of the case.

     

---

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.

[Author]

Posts