Application u/s 156(3) crpc

Querist : Anonymous (Querist) 15 October 2020 This query is : Resolved
Kindly answer my query,
I filed a complained in the police station regarding a trespass happen in my house. But no action taken so far.
Kindly advice me, is it enough to file a letter written petition in the Judicial Magistrate Court and pray to direct the officer of PS to take action or else?.
Thanking You.

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Rajendra K Goyal (Expert) 15 October 2020
Discuss in detail with local lawyer and file complaint duly drafted by your lawyer.

kavksatyanarayana (Expert) 15 October 2020
Yes. or file a petition in the court by consulting a local advocate.

K Rajasekharan (Expert) 16 October 2020
Trespass is a criminal offence. There are many forms of trespass enlisted in the Indian Penal Code from Section 441 onwards.

As it is a cognisable criminal offence, your complaint will have to be attended by the police and investigated into the crime under Section 156(1) CrPC when you provide the information in the police station in the form of a petition under Section 154(1).

In case, the police officer is not acting on your petition by lodging an FIR as prescribed under Section 154(1), the proper thing for you to do is file a petition before the District Police Chief with the ingredients of the offence, as stipulated under Section 154(3).

If that too fails to work somehow, you can file a private complaint of facts to the Magistrate by following all the procedural formalities under Section 190 (1) (a).

Then the Magistrate can ask the police to investigate into the case under Section 156(3) and file a police report based on which the Magistrate can conduct further proceedings..

Dr J C Vashista (Expert) 16 October 2020
Very well explained and took examination by expert Mr. K Rajsekharn, nothing more to add or to take further test.

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