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(Guest)

S. 156 (3) CrPC

Dear Ld. seniors,

Wife and her advocate are giving threat in court and also by calling cell my phone and same has been recorded in court as well as by way of Complaint to Comm. of Police office in Delhi to lodge FIR under Sections 294, 383, 387, 389 and 506 of the Indian Penal Code.

No action taken by Police hence filled S. 156 (3) at ACMM Court, Dwarka to take action.
 
ACMM gave Order stating : "Complainant has filled complaint at CP Office, Delhi. Now, Dwarka PS SHO is directed to file status report on complaint come up on  27-07-09. "
 
What does above direction from ACMM, Dwarka Court to Dwarka PS SHO means ?
 
Has ACMM Court taken cog. u/s 156 (3) Crpc?

Will SHO, Dwarka now file an FIR and then ask for time to investigate or what happens now?
 
Kindly advise?
 


Learning

 5 Replies

Adv. Deepak (Advocate)     18 July 2009

Dear Mr. D. Arunkumar,  When ACMM gave order under s.156(3) to file status report on complaint, it definitely means that he has taken cognisance under section 156(3).  The complaint makes out an allegation of cognisable offence and no FIR has been lodged by the police. Court wants the reason from the police why the matter was not investigated or whether there is no matter to investigate at all, since it is the duty of the police to investigate the cognisable offence.  Hence, the court has directed the police to investigate the matter and come with the report.  Now, the police is duty bound to investigate the matter and they will come to the concrete conclusion with reasons.  If before the date fixed by the court, police could not investigate the matter, they may ask for more time, but then they will have to satisfy the court as to what investigation is left behind and what time will it take and why it could not be completed within time.  Now you will have to wait till the date fixed by the police.


(Guest)

Dear Sh Deepak,
Thank you for your kind reply. I will object on closer date if police fails to register FIR and or if police asks for more timew as the request to Comm. of Police for FIR was made in April and it was followed by RTI which again was not replied till date.
Rgds,
D. Arun Kumar

Kiran Kumar (Lawyer)     18 July 2009

if no case is found against u in the investigation then the police will not register FIR.....after magistrial order registration of FIR is not necessary.

Sarvesh Kumar Sharma Advocate (Advocacy)     18 July 2009

AFTER MAGISTRATE ORDER RAGISTERATION OF FIR IS COMPELSORY.

AND THEN DURING THE INVESTIGATION POLICE WILL FOUND THE FACTS.

Gaurav mishra (practing advocate)     19 July 2009

when magistrat order to lodge fir then he can't interfer in investgation. after investegationif police filr nagative chage sheet then u can file protest petion and eximine your self u/dsec 200, 7other witnesse's 202 cr.pc then magistrat can take conz. u/s 203 cr. pc


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