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Paras Nath Singh & Others v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 12205 of 2006  RD-AH 17849 (17 October 2006)
Crl. Misc. Writ Petition No. 12205 of 2006
Hon'ble Sushil Harkauli, J.
Hon'ble Pankaj Mithal, J.
A First Information Report has been lodged by virtue of an order passed under section 156(3) Cr.P.C. If the order under section 156(3) Cr.P.C., of the Magistrate is not set-aside, it will continue to stand with the direction that the offence should be registered and investigated. In this parallel proceedings of writ petition, which is not going into the question of correctness of the order of the Magistrate under section 156(3) Cr.P.C., a contrary order will be issued not to investigate and quashing of the registration of the offence.
This kind of anomaly is not permissible.
If the petitioners want to challenge the order passed under section 156(3) Cr.P.C., their remedy lies by way of criminal revision or under section 482 Cr.P.C., or by way of criminal writ petition cognizance by a single Judge.
Therefore, this writ petition for quashing the F.I.R., is not maintainable so long as the order of the Magistrate under section 156(3) Cr.P.C., is not set-aside in appropriate proceedings.
The writ petition is dismissed as not maintainable.
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