HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 8023 of 2026 Court No. - 93 HON'BLE SANTOSH RAI, J. 1. Heard learned counsel for the appellants, learned counsel for opposite party no.2 and learned AGA for the State. 2. The present criminal appeal has been filed by the appellants with a prayer to set aside the impugned order dated 22.7.2026 passed by Special Judge SC/ST (PA) Act, Kaushambi in Misc. Application No.987 of 2026 (Seema Devi Vs. Jai Singh & Ors.), under Section 173(4) B.N.S.S., Police Station Pashchim Sharira, District Kaushambi. 3. Learned counsel for the accused-appellants submits that the learned trial court has erred in directing registration of the FIR on an application filed by the informant/victim under Section 173(4) B.N.S.S. without properly appreciating the facts and circumstances of the case. It is further submitted that the allegations levelled against the accused-appellants do not disclose the commission of any cognizable offence and that the application was allowed mechanically, without due consideration of the material available on record. Accordingly, it is prayed that the impugned order be set aside. 4. Learned counsel for opposite party no.2 as well as the learned AGA submits that, pursuant to the impugned order, the FIR has already been registered against the accused-appellants. 5. An application under Section 173(4) B.N.S.S. was moved by the informant/victim before the trial court. The learned trial court, upon Versus Counsel for Appellant(s) : Shatrughna Yadav, Subhash Chandra Yadav Counsel for Respondent(s) : Ankit Pandey, Deepak Gaur, G.A. Shivsevak And 3 Others .....Appellant(s) State of U.P. and Another .....Respondent(s) consideration of the application, allowed the same and directed the concerned police station to register a case and investigate the matter, in accordance with law. A perusal of the application under Section 173(4) B.N.S.S. and the impugned order reveals that the learned trial court has directed for registration of the criminal case on the ground that a prima facie cognizable offence has been clearly made out against the accused- appellants. It has also been informed by learned counsel for opposite party no.2 and learned AGA that case has been registered in compliance of aforesaid order of the trial court. 6. In Mohd.Yousuf Vs. Afaq Jahan (Smt) & Anr. (2006) 1 SCC 627, the Hon'ble Supreme Court held in para 11 as under:- "11. The clear position therefore is that any Judicial Magistrate, before taking cognizance of the offence, can order investigation under Section 156(3) of the Code. If he does so, he is not to examine the complainant on oath because he was not taking cognizance of any offence therein. For the purpose of enabling the police to start investigation it is open to the Magistrate to direct the police to register an FIR. There is nothing illegal in doing so. After all registration of an FIR involves only the process of entering the substance of the information relating to the commission of the cognizable offence in a book kept by the officer in charge of the police station as indicated in Section 154 of the Code. Even if a Magistrate does not say in so many words while directing investigation under Section 156(3) of the Code that an FIR should be registered, it is the duty of the officer in charge of the police station to register the FIR regarding the cognizable offence disclosed by the complainant because that police officer could take further steps contemplated in Chapter XII of the Code only thereafter." 7. In Father Thomas ... Revisions; Vs. State of U.P. & Ors. 2010 SCC OnLine All 2438, this Court held in para 71, 72 as under:- "71. A. The order of the Magistrate made in exercise of powers under section 156(3) Cr. P.C. directing the police to register and investigate is not open to revision at the instance of a person against whom neither cognizance has been taken nor any process issued. 72. B. An order made under section 156(3) Cr. P.C. is an interlocutory order and remedy of revision against such order is barred under sub-section (2) of section 397 CRLA No. 8023 of 2026 2 of the Code of Criminal Procedure, 1973." 8. In view of the aforesaid facts and circumstances as also the law laid down by Hon'ble Supreme Court as well as this Court in the aforesaid cases, this Court finds that the learned trial court has committed no illegality, perversity or jurisdictional error in passing the impugned order dated 22.7.2026. 9. The instant appeal, being devoid of merit, stands dismissed. 10. Registrar (Compliance) is directed to serve a copy of this order by FAX/e-mail to the court concerned through District & Sessions Judge concerned within 48 hours. September 23, 2026 RA CRLA No. 8023 of 2026 3 (Santosh Rai,J.) Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad