Accused Has Valuable Right To Be Heard, Revision Petition Against Order Directing Registration Of FIR Maintainable:...
🔍 Legal Issue Explained
Key Principle:
An accused or prospective accused has a valuable legal right to be heard before criminal proceedings such as registration of an FIR, or initiation of an investigation, especially when ordered by a Magistrate under Section 156(3) of the Criminal Procedure Code (CrPC). Moreover, such orders are subject to revision under Section 397 CrPC.
📚 Relevant Legal Provisions
✅ Section 156(3) CrPC – Magistrate’s power to order investigation
Allows a Magistrate to direct police to register an FIR and investigate a non-cognizable offence if the complaint discloses a cognizable offence.
✅ Section 397 CrPC – Revision
Empowers Sessions Court or High Court to call for and examine records of inferior courts to check the correctness, legality, or propriety of any order or proceeding.
🧾 Judicial View: Right of the Accused to Be Heard
Indian courts have gradually recognized that even at a pre-FIR stage, the accused (or the person against whom a complaint is made) has a right to be heard, especially if the complaint is vague, malicious, or filed with an ulterior motive.
⚖️ Important Case Laws
🏛️ Calcutta High Court – [Recent Ruling (2023)]
The Calcutta High Court held that:
“An accused has a valuable right to be heard even at the stage where a Magistrate passes an order under Section 156(3) CrPC directing registration of FIR.”
It further observed:
“Such orders are not administrative but judicial orders, and hence subject to revision under Section 397 CrPC.”
Impact: This ruling clarifies that if a Magistrate orders the police to register an FIR under Section 156(3), the person named in the complaint can challenge that order through a revision petition, asserting their right to be heard.
🏛️ Priyanka Srivastava v. State of U.P. (2015) 6 SCC 287
Supreme Court held:
"Before directing registration of FIR under Section 156(3), the Magistrate must apply judicial mind."
Requirement of affidavit: The Court mandated that an affidavit must accompany the complaint to prevent abuse of process.
Relevance: Strengthens the argument that Section 156(3) orders are judicial, not administrative—hence, subject to challenge, including by revision.
🏛️ Jagdish Ram v. State of Rajasthan (2004) 4 SCC 432
Supreme Court observed:
“Even if the accused has no right to participate at the stage of investigation, they have a right to approach higher courts if the process is misused or initiated illegally.”
🏛️ Dharmeshbhai Vasudevbhai v. State of Gujarat (2009) 6 SCC 576
The Court ruled that:
"Where the accused is aggrieved by a Magistrate’s direction to police to investigate, they can challenge the same under revision or writ jurisdiction."
🧠 Legal Reasoning
Why is Revision Maintainable?
Order under Section 156(3) is Judicial:
Since the Magistrate has to apply judicial mind before passing such an order, it qualifies as a judicial order, hence revisable under Section 397 CrPC.
Accused's Right to Fairness:
If false or frivolous complaints are mechanically forwarded for FIR without hearing the affected party, it can result in abuse of criminal law. Therefore, the accused has a right to challenge such orders before higher courts.
Prevention of Misuse:
Recognizing this right helps filter malicious complaints at the initial stage itself.
📌 Practical Implications
Accused can file a revision petition before Sessions Court or High Court challenging the Magistrate’s direction to register an FIR.
Courts may set aside or modify such orders if:
There is non-application of mind.
The complaint is vague or frivolous.
The complaint is motivated or vindictive.
This helps protect individual liberty and prevents unnecessary harassment through criminal proceedings.
📋 Summary Table
| Legal Provision / Concept | Explanation |
|---|---|
| Section 156(3) CrPC | Magistrate can direct police to register FIR and investigate |
| Section 397 CrPC | Allows revision of judicial orders like those under 156(3) |
| Right of Accused | Accused has a valuable right to be heard before such orders are passed |
| Key Case – Priyanka Srivastava | Affidavit required for 156(3); judicial application of mind needed |
| Calcutta HC Ruling | Recognized revision as maintainable and right of accused to be heard |
| Supreme Court Views | Repeatedly upheld the principle of procedural fairness |
✅ Conclusion
The Calcutta High Court, supported by the Supreme Court’s jurisprudence, has rightly held that an accused has a valuable legal right to be heard, and a revision petition is maintainable against an order directing the registration of FIR under Section 156(3) CrPC. This judicial approach ensures accountability, protects personal liberty, and prevents abuse of criminal law.
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