2008 CRI. L. J. 1986 ::2008 (2) All LJ 797 ::2008 (2) ALJ 797 ::2008 (2) Cri RJ 677 ::2008 (60) AllCriC 933

Allahabad High Court

Hon'ble Judge(s): M. K. Mittal , J

Criminal P.C. (2 of 1974) , S.156(3)— Registration of FIR and investigation of case - Prospective accused has no right to be heard at pre-cognizance stage - Therefore on locus standi to challenge order passed u/S.156(3) The proceedings under Section 156 (3) Cr. P.C. are at a pre-cognizance stage and in these proceedings, the accused has no right to appear and to take part. It is a matter between the complainant and the Court and if the Court finds that a prima facie cognizable case is made out from the allegation as made, it can direct for registration and investigation of the case. Admittedly the first information report has not yet been registered and unless the first information report is registered a person cannot be treated to be an accused in the case. When first information report is lodged against accused person only then he will have a right, legal as well as constitutional, to challenge the same. When the application is filed under Section 156(3), Cr. P.C. in the Court of a Magistrate, it is a matter between the applicant and the Court and the accused does not come into picture as no cognizance of the offence is taken in the matter. The accused does not have any right to interfere in the registration of an FIR or investigation of the same. It is settled position of law that the accused has no right to be heard before he is summoned. ....