156(3) and 200
Querist :
Anonymous
(Querist) 27 November 2011
This query is : Resolved
police refuse to lodge FIR.
Now, how to proceed u/s156(3) or 200?
please guide. What is difference between 156(3) and 200.
Advocate.S.A.Siddiq
(Expert) 27 November 2011
file the petition at Jm Court u/s 190 CrPc r/w 156(3) for direction or investigation to the concern police station inspector. And also enclosed (police )complaint copy and (DSP/SP /Commissioner) complaint copy given by you .
V R SHROFF
(Expert) 27 November 2011
Agree with Adv Siddiq
proceed 156(3)
Advocate M.Bhadra
(Expert) 27 November 2011
If offense committed by the accused persons in nature of non-bailable sections then you can approach in Judicial Magistrate u/sec,156(3) Cr.P.C. by giving direction to police to investigate into the matters and treating as an FIR,otherwise police may submit final report without FIR.But offense committed by the accused in nature of bailable section you should approach u/sec.200 Cr.P.C. for issue process and summon to the accused as a private complaint.
anuz doda
(Expert) 27 November 2011
Dear , As per your enquiry , You have applied to Police Station only.Now for s.156(3) you must send your complaint to concerning Supdt.Police by registered post then after apply to concerning Court . Also apply as application as 156(3) and prey to register FIR.
Advocate. Arunagiri
(Expert) 27 November 2011
156(3) empowers the magistrate to forward your complaint to police for registration and investigation.
200 empowers the magistrate to take your complaint as a private case.
You can choose.
Sachin Bhatia
(Expert) 27 November 2011
156(3) Any Magistrate empowered under section 190 may order such an investigation as above mentioned.
Sachin Bhatia
(Expert) 27 November 2011
The Code of Criminal Procedure, 1973 (CrPc)
200. Examination of complainant.
A Magistrate taking cognizance of an offence on complaint shall examine upon oath the complainant and the witnesses present, if any, and the substance of such examination shall be reduced to writing and shall be signed by the complainant and the witnesses, and also by the Magistrate:
Provided that, when the complaint is made in writing, the Magistrate need not examine the complainant and the witnesses-
(a) If a public servant acting or purporting to act in the discharge of his official duties or a court has made the complaint; or
(b) If the Magistrate makes over the case for inquiry, or trial to another Magistrate under section 192:
Provided further that if the Magistrate makes over the case to another Magistrate under section 192 after examining the complainant and the witnesses, the latter Magistrate need not re-examine them
Kiran Kumar
(Expert) 27 November 2011
proceed under S.156(3)
prabhakar singh
(Expert) 27 November 2011
Much pros and cons discussed; between the two
now choose one.
Raj Kumar Makkad
(Expert) 27 November 2011
I have similar views as of all other experts.
Querist :
Anonymous
(Querist) 27 November 2011
Thanks to all experts for their contribution.
Shonee Kapoor
(Expert) 28 November 2011
Nothing more to add.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Querist :
Anonymous
(Querist) 28 November 2011
I have already resolved query.
Advocate. Arunagiri
(Expert) 28 November 2011
Even if you treat is resolved the experts are at their liberty to add their comments, it is upto you to take it or not.
