Complaint case
raj
(Querist) 12 August 2012
This query is : Resolved
MY FRIEND RELATIVE DIED DUE TO HEART ATTACK BUT HIS SON LODGE FALSE COMPLAINT CASE UNDER 156(3)&200crpc against all family members of my friend.case is pending due to viscera report awaiting. what should he do to get out of it. there is no fir against yet. bcs cause of death is not furnished till now. if cause of death will "natural" then what will be further steps of the case. kindly guide about this
Adv.R.P.Chugh
(Expert) 12 August 2012
Facts are utterly insufficient for us to comment. Prove complete facts.
The tentative accused has no say at the time of 156(3) - because the magistrate would only decide whether there should be an investigation/FIR or not.
Once FIR is lodged - get a copy and then plan out your defence strategy.
Adv. Vikas Surve
(Expert) 12 August 2012
if police file a report regarding natural death in a court, then court may not take cognizance of the matter and dismiss the complaint.
Nadeem Qureshi
(Expert) 12 August 2012
Dear Querist
first of all I want to tell you that in 156 (3) or 200 Crpc complaint the tentative accused has no right to defense, if the magistrate think fit after police report that there is a prima facia case is made out and the Investigation should be completed in this case, the magistrate may pass an order against the accused and direct to the police to registered a FIR against the accused, on the other hand the magistrate may issue a summon to accused and registered the complaint under section 200 of Cr.PC.
156. Police officer's power to investigate cognizable cases.
(1) Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIII.
(2) No proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one, which such officer was not empowered under this section to investigate.
(3) Any Magistrate empowered under section 190 may order such an investigation as above mentioned.
200. Examination of complainant.
A Magistrate taking cognizance of an offence on complaint shall examine upon oath the complainant and the witnesses present, if any, and the substance of such examination shall be reduced to writing and shall be signed by the complainant and the witnesses, and also by the Magistrate:
Provided that, when the complaint is made in writing, the Magistrate need not examine the complainant and the witnesses-
(a) If a public servant acting or purporting to act in the discharge of his official duties or a court has made the complaint; or
(b) If the Magistrate makes over the case for inquiry, or trial to another Magistrate under section 192:
Provided further that if the Magistrate makes over the case to another Magistrate under section 192 after examining the complainant and the witnesses, the latter Magistrate need not re-examine them.
Feel free to call
prabhakar singh
(Expert) 12 August 2012
The stage you tell the case is(awaiting viscera,(say autopsy) report,the accused persons have no right to say unless summoned or chargedsheeted.
raj
(Querist) 12 August 2012
thank for guiding me for all
