Querist :
Anonymous
(Querist) 07 August 2020
This query is : Resolved
One of my friends wants to lodge a complaint under section 156 (3). His residence and the place where the crime took place are different. To which magistrate can he complain? That is, where he lives or where the crime took place.
Dr J C Vashista
(Expert) 08 August 2020
Your friend may be advised that s/he can file a complaint before area Magistrate .where cause of action took place but not at the place of his / her residence or choice.
Dr J C Vashista
(Expert) 08 August 2020
Are you advocating for and on behalf of the complainant on this platform, who intends to move to the Court under the provisions of Section 156(3) of the Criminal Procedure Code, 1973 ?
Shilesh Patel
(Expert) 08 August 2020
The jurisdiction where the cause of action took place.
Rajendra K Goyal
(Expert) 08 August 2020
The complaint would be lodged with the Magistrate in jurisdiction of whom the place of crime falls.
P. Venu
(Expert) 08 August 2020
Generally, Courts do not entertain such petitions unless you had approached the Police at the first instance but could not register the complaint.
Rajendra K Goyal
(Expert) 09 August 2020
Police would not agree / would not give proof of refusing to lodge complaint / FIR.
It would be better to try to lodge FIR with police, if police refuse, file complaint u/s 156 (3) CrPC.
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