Complaint u/s 156(3)
Vinod Yadav Advocate
(Querist) 28 December 2014
This query is : Resolved
Sir, i am a new lawyer and i wish to file a complaint u/s 156(3). i have two questions.
1.what will be the subject line of complaint..???
2.complaint to DCP police and commissioner of police already sent.. should i need to array them as accused or i need to make accused only to private respondent. as i read any where that i cant make police as a party u/s 156 (3).
subject of this application as in my mind is "Complaint Under Section 200 Read With Section 156 (3) Of the Code of Criminal Procedure For Registration of FIR Under Section ----------- of the INDIAN PENAL CODE.
kindly approve..
Raj Kumar Makkad
(Expert) 28 December 2014
1. Complaint under sections ..................of IPC read with section 156(3) of Criminal Procedure Code.
2. You need not make them accused persons.
3. Your understanding is perfect.
Devajyoti Barman
(Expert) 28 December 2014
1. State the commission of offence.
2. State the charges and inaction of police to act upon your complaint earlier.
Better arrange asample petition from your peers. That would be of more help.
Devajyoti Barman
(Expert) 28 December 2014
1. State the commission of offence.
2. State the charges and inaction of police to act upon your complaint earlier.
Better arrange asample petition from your peers. That would be of more help.
Dr J C Vashista
(Expert) 29 December 2014
I agree with experts and try yourself more and more,discuss with peers after drafting and before filing.
You are going in right direction, well done, proceed.
Best wishes.
ajay sethi
(Expert) 29 December 2014
agree with experts
Rajendra K Goyal
(Expert) 29 December 2014
Prepare the case and get it vetted by some senior lawyer.
Guest
(Expert) 29 December 2014
Any specific purpose of quoting sec.200 in your complaint by making sec.156(3) as secondary in nature?
Also in your query, although you have mentioned that you have already sent complaint to DCP police and commissioner of police, but you have not mentioned with what gap of time you intend to make application to the Magistrate.
Vinod Yadav Advocate
(Querist) 29 December 2014
Dear Experts,
First of all i really thanks for your kind and immediate response.
As per opinion of Mr. Dhingra i would like to revert that this is my personal complaint and i have also filed a direction petition in hon'ble high court. the same is dismissed with direction to file in alternate remedy. now i wish to file in the lower court the same is concerned with the forged signature and i am of the view that i should highlight this matter as this is blatant fraud with bankers and common peoples as well as poor employee of the company.
Guest
(Expert) 29 December 2014
Dear Mr. Vinod Yadav,
You have not yet clarified any of the two issues raised by me with particular reference to your original query. May be that you have your personal complaint and you have to adopt some alternative remedy, but as an advocate, you also have to think about your clients' cases in future. So, you were required to analyse and review your own views as communicated through your initial query. So, with that in mind, I posed two queries with reference to sec.200 read with sec.156(3). But you missed to pick up that point and not replied my queries.
With particular ref. to your quote of sec.200, just think, can anyone compel or expect a Magistrate to examine upon oath the complainant or the witnesses under the provisions of sec.200, unless the Magistrate takes cognizance of an offence under the provisions of sec.190 on complaint?
So, your complaint needs be restricted to commission of offence and the incident of inaction of police for long to act upon your complaint, if made.
If complaint sent to police only recently, you also have the need to wait for some time to watch for the action or inaction of the police.
I could well have included the above substance in my earlier reply also, but I wanted that as an advocate, you must also exchange your own views with the experts while discussing the pros & cons of your views. So, can you please throw some light, as to what was in your mind to refer sec.200 read with sec.156(3)?
Vinod Yadav Advocate
(Querist) 29 December 2014
R/Sir,
complaint was filed by me on july 2014 to DCP as well commissioner of police. and after one month i had filed direction petition before hon'ble high court. Hon'ble court dismissed that and give me liberty to file before alternate remedy as i have already mentioned that i am a new lawyer and i am not familiar with section 200. i simply want to file a complaint before magistrate to take cognizance of offense as i read it any where that i have to file complaint under section 200 read with section 156(3).
if i am wrong kindly suggest me what should i do and what will be the subject matter???
kindly guide me what subject i should mention in this complaint as i simply want to file a complaint before magistrate to take cognizance of my my complaint and for direction to registration of FIR,
Guest
(Expert) 30 December 2014
Mr. Vinod,
I have never said you are wrong. I merely tried to polish your thoughts. You are quite write in seeking attention of the Magistrate and requesting him for taking issuing appropriate directions to the police for making investigation on your complaint.
Your subject should not contain reference of sec.200. Your subject may be restricted to issue of appropriate direction u/s 156(3) to the police for investigation and taking cognizance of the ecrime u/s 190. However, sec. 200 may be introduced appropriate with the context of reference of the process suitably, if found necessary. Once cognizance of offence is taken by the Magistrate, the process would start under sec.200.
T. Kalaiselvan, Advocate
(Expert) 30 December 2014
