156(3)crpc.

ajay kumar mishra (Querist) 26 December 2011 This query is : Resolved
Dear experts,
Happy New year in advance and sorry for offline for last two months.
Sirs,
If I file a petition before CJM U/S 156(3) for getting direction from the Ld. CJM to Officer in charge for lodging FIR treating the complain petition as FIR in cognizable offence. Is the CJM is bound to pass order directing the concern officer in charge to lodge FIR and investigate the matter ? I have read the judgement of double bench of Allahabad High Court but unfortunately I could not collected. so please help me by the latest position.

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Arvind Singh Chauhan (Expert) 26 December 2011
No he is not bound.

V R SHROFF (Expert) 26 December 2011
it is the discretionary of the JMFC, after examination of Complainant and his/her Documents they produce to support their Complaint to File FIR , or rely upon, JMFC may pass Order, or can direct Police Investigation. or reject it. JMFC is not bound to pass order.

Advocate. Arunagiri (Expert) 26 December 2011
JMFC is having three options:-

1. Take it as a private complaint.

2. Forward to police.

3. Reject the complaint.

Nadeem Qureshi (Expert) 26 December 2011
I agree with Ld. friends
the CJM/JMFC is not bound to direct the police for registered the FIR in any case, if the CJM/JMFC thinks fit only then the court can passed an order for investigate the matter through police with or without FIR.
feel free to call

Advocate M.Bhadra (Expert) 26 December 2011
After receiving complaint u/s.156(3) Cr.p.C. the Magistrate may take cognizance and forwarded to the police to investigate into the matter or switch over to u/s.200 Cr.P.C. for issue process or may reject the application.

prabhakar singh (Expert) 26 December 2011
Yes it is the discretionary power of CJM.Experts have rightly opined.

Devajyoti Barman (Expert) 26 December 2011
Yes the Magistrate is never bound to allow the petition u/s 156(3) of crpc.

ajay sethi (Expert) 26 December 2011
agree with opinion of experts

prabhakar singh (Expert) 26 December 2011
but do not worry i shall try that division bench you you are confused about.

Shonee Kapoor (Expert) 26 December 2011
Rightly opined, if he was bound, then the provision would not have existed.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com