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8. The issue whether revision petition against an order accepting an application under Section 156(3) Cr.P.C. was maintainable came up for consideration before the Full Bench of the Allahabad High Court in the decision reported as 2011 (2) ALJ 217 Father Thomas vs. State of U.P. & Anr. wherein it was held that a prospective accused has no locus standi to challenge direction for investigation under Section 156(3) Cr.P.C. by filing a revision petition before cognizance or issuance of process against him. Holding that a revision petition against such an order directing registration of FIR under Section 156(3) Cr.P.C. was not maintainable, the Full bench noted that the accused has a right to raise his defence only during the course of trial and even on filing of complaint, when the Magistrate proceeds to take cognizance, the prospective accused cannot intervene or raise his defence unless summons are issued. An order directing registration of FIR under Section 156(3) Cr.P.C. being an interlocutory order, a revision petition challenging such an order was barred.

16. The issue in the present petition is not whether the SHO concerned or the Investigating Officer investigating the offence had the territorial jurisdiction to investigate the offences but whether the learned Metropolitan Magistrate who passed the order dated 22nd June, 2015 had the jurisdiction to pass directions on an application under Section 156 (3) Cr.P.C. to the SHO of a police station which did not fall within its territorial jurisdiction.

17. Section 154 Cr.P.C. casts a duty on the officer in-charge of a police station to register the first information, if the same discloses the commission of a cognizable offence, even if the offence is not committed within its territorial jurisdiction. However, a Magistrate exercises its jurisdiction under Section 156 (3) Cr.P.C. Section 156 Cr.P.C. provides as under:

(3) Any Magistrate empowered under section 190 may order such an investigation as above- mentioned.

18. Therefore, Section 156 (1) Cr.P.C. requires that any officer in-charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIII. Further sub-section (3) of Section 156 Cr.P.C. is qualified by sub-section (1) of Section 156 Cr.P.C. Thus though Section 154 Cr.P.C. does not qualify the territorial jurisdiction of the officer in-charge who receives the information to register the same, however, Sections 155 and 156 Cr.P.C. qualify the territorial jurisdiction of the officer in-charge to investigate offences within the limits of such station. Therefore, a Magistrate can direct the officer in-charge of a police station to investigate a cognizable offence which is within the jurisdiction of its local area. Thus a Magistrate is required to adhere to the territorial jurisdiction and in case it is not empowered to try the said offence, it has no jurisdiction to pass order under Section 156 (3) Cr.P.C.

[Emphasis Added]

24. A bare reading of Section 156(3) Cr.P.C. shows that the Magistrate is empowered to direct investigation into the allegation of cognizable offence which he has jurisdiction to enquire into or try if after taking recourse to Sections 154 and 154(3) Cr.P.C., no FIR is registered. If Section 156(3) Cr.P.C. empower the Magistrate to direct the police officer concern to register FIR and investigate the offences alleged, the same would mean all the offences mentioned in the complaint. The police officer who registers FIR and enter into investigation cannot decline to investigate some offences and leave other if on the allegations in the FIR, the same are found to be made out. The veracity of the allegations has to be seen during investigation and at this stage investigation into each of the offences mentioned in the FIR is required to be done. Thus, when a Magistrate on an application under Section 156(3) Cr.P.C. directs that all the offences mentioned in the complaint be investigated into, the Magistrate is not exercising its power illegally or beyond its jurisdiction. No doubt, once certain offences though made out on the face of the complaint are not mentioned in the copy of the FIR, the same cannot be added because there cannot be any tempering in the FIR but on being pointed out and if on the face of it, it is found that the discretion exercised by the investigating officer is contrary to law, the Magistrate would be within its jurisdiction to direct invoking of sections made out in the FIR during course of investigation so that proper investigation thereon can be carried out.