156(3), u/S 190
Anil Vishwakarma
(Querist) 04 September 2016
This query is : Resolved
sir,
I have filed complain 156(3) and 190 in person,( no advocate)
can u brief details provide the process of magistrate.
what should I take precautions.
Kunal Godhwani
(Expert) 04 September 2016
190 deals with power of the Magistrate to take cognizance of offence and 156(3) is seeking direction against police to investigate and register FIR.
The moment you file complaint under 156(3) and 190 magistrate will issue direction to police to submit the ATR(Action taken report) either police will state in its report that no case has been made out or they will register an FIR or they will seek more time to investigate.
If they state in their report that no case has been made out then you have to explain magistrate that report is false and the offence has been committed by the accused and then magistrate will take cognizance and summon accused.
If they file FIR then court will take cognizance and issue summons to accused.
Anil Vishwakarma
(Querist) 05 September 2016
I have self application filed, can i take temporary advocate or itself present.
I Want to know, how many days it will take registered Fir or how many visiting required to advocate according pay fees.
Anil Vishwakarma
(Querist) 05 September 2016
I have self application filed, can i take temporary advocate or itself present.
I Want to know, how many days it will take registered Fir or how many visiting required to advocate according pay fees.
Rajendra K Goyal
(Expert) 05 September 2016
You said:
I have filed complain 156(3) and 190 in person,( no advocate)
can u brief details provide the process of magistrate.
what should I take precautions.
Ans:
Please state facts/ do not post academic query / set question paper.
Rajendra K Goyal
(Expert) 05 September 2016
You said:
I have self application filed, can i take temporary advocate or itself present.
Ans: Yes you can.
You said:
I Want to know, how many days it will take registered Fir or how many visiting required to advocate according pay fees.
Ans: Only astrologer can tell/ even court can not confirm, judge may be transferred/ delay tactics may be adopted from other party / judge may invite preliminary evidences of the complainant case or otherwise.
Raj Kumar Makkad
(Expert) 05 September 2016
If the magistrate has referred your case to the concerned police station for investigation and lodging of FIR then wait for its outcome.
Rajendra K Goyal
(Expert) 27 September 2016
Query on the subject was posted at following link, please ask any further question / information in the same thread:
http://www.lawyersclubindia.com/experts/C-R-P-c-C-156-3-190-613886.asp
http://www.lawyersclubindia.com/experts/156-3-u-S-190-614826.asp
http://www.lawyersclubindia.com/experts/156-3-u-S-190-617816.asp
