156(3) of CrPC can be denied by CJM on any ground
Sultan Salauddin Khan
(Querist) 06 March 2009
This query is : Resolved
A petition/FIR filed with CJM under section 156(3) can be denied by the CJM on any ground. IS Sending of information /FIR necessary to the concerned SP through Regd. post.
AEJAZ AHMED
(Expert) 06 March 2009
DEAR SULTAN,
Your query is not clear;
Petition/Comlaint can be filed before the CJM U/S. 200 of Cr.P.C Read With Sec 156(3) to refer to the Concerned Station House Officer, for Investigation, Registeration of FIR and Inquiry.
But, in your Petition/Complaint there should clearly mention about ' approach to concerned P.S and Non-Registeration of your Petition/FIR By the Police '
If the Magistrate not satisfied with facts and material evidence he can denied to Refer your Petition/Complaint to the Concerned SHO
With concerned to your next query, it is not clear, what do you actually want to know:
***What do you mean by Information/FIR,
***Regarding WHOME your are asking to send the to SP.
If your requirement, or want to know as a complainant is it necessary to send a copy of complaint to SP; it is not necessar, but on the non co-operation of concerned SHO/Police, you can send one copy to SP for proper instructions to sub-ordinate authority.
PALNITKAR V.V.
(Expert) 06 March 2009
It is the discretion of the Magistrate. He may refuse to send it u/s 156[3] and may inquire into it himself. About sending the complaint to SP, if the concerned police station is not taking congnizance of your complaint you may send the complaint to the SP who may direct the concerned police to take cognizance.
B.B.R.Goud.
(Expert) 07 March 2009
i do agree with my learned friends
Kamlesh soni
(Expert) 07 March 2009
I agree with views of my friends.
MANISH
(Expert) 11 March 2009
Dear Friend,
Sec. 154 of CrPC clearly says that when FIR is not registered then the copy of the same is to be sent by registered post to the suprintendant of Police.
Still if it is not registered then it may be filed through court under sec. 156 (3).
For sec. 156(3), it must disclose a cognizable offence and the magistrate has to apply his judicial mind, and see if the petitioner / complainant cannot proceed with the case without the help of the police.
SANJAY DIXIT
(Expert) 16 March 2009
Yes, CJM is not bound to make a direction for lodging the FIR on each and every application U/s 156(3) Cr.P.C.
