156(3) crpc

Rajarshi Bhowmik (Querist) 23 July 2014 This query is : Resolved
I have filed one application U/S 156 (3) before the Ld CJM on 12/03/2014 but most unfortunately the Ld CJM after hearing as well as primarily examining the complainant on Dock was pleased to reject my application on the ground of solely Lack of Jurisdiction accordingly I filed a Revision Application before the Ld Season Judge and after hearing The Ld Season Judge was pleased to allow my application observing that not only the Jalpaiguri Court but the P.S. also has Jurisdiction to deal with the case more over had directed Ld CJM to dispose my petition on merit U/S 156 (3) on 11/07/2014 accordingly I along with the certified copy of the Ld season Judges Order filed a Put-Up petition before the Ld CJM on 18/07/2014 and preyed that as in accordance to Ld CJM's order dated 12/07/2014 which is still good and not set a sideand in which Ld CJM was pleased to observe that there might me sum merit but he was pressing to prove the Jurisdiction and s the order of the Ld season Judge is clearing the doubts regarding the jurisdiction point and as Ld CJM on 12/03/2014 had already examined the complainant and also my complaint petition he may be pleased to send my original complain petition to the P.S. Directing the I.C. of the P.S. concern to register case after treating the same as FIR .But Ld CJM did not pay any heed towards my submission and order that Complainant should himself present again with all the documents before him on 12/09/2014. I gain said that my complain discloses the offenses punishable which is punishable U/S 409 of I.P.C. and if at all any further enquary needs to be done it can be done by the special Court but Ld C.J.M. flately told if I am dissatisfied with his order I may approach higher Courts to set a side his order. Now I had almost decided to file another Revision before the Ld Season Jude again.

Now Experts my points are:-

(1) Whether The Ld CJM has any authority to examine the complainant and go through all the documents again?

(2) Whether Ld CJM is uthorised even to examine the complainant on Dock to dispose a petition U/S 156 (3)

Can you all be pleased to provide me any citation over this issue.

Regards

Rjarshi Bhowmik

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Devajyoti Barman (Expert) 24 July 2014
1. You have not posted the order of sessions court. Unless it is examined its directions can be scrutinised to take view of the conduct of CJM.
2.CJM can ask complainant in dock to inqure about the offence alleged.

Sorry, citations are not supplied here.