Who can file a compliant us 156(3)
lokesh
(Querist) 05 October 2014
This query is : Resolved
A family property is distributed among my father, uncle and m aunty. we left a private gali for personal use.we closed that gali after partitioan of property. afrter that my aunty sale her property. one owner of a plot who buy a plot from my aunty file a civil suit on the behalf of a fraud GPA which was from M.P that the my aunty also sale the private gali to him. i proved that i have won in lower court and he can not prove the gali is public in any how metter. now my aunty is expired and i want to file a criminal compliant against him us 156(3)crpc can i file a compliant under this section. some local advocate told me that i can not file compliant in this section because i am not a party of fraud GPA. but the opp. person tender this gpa in his case and we proved this was fabricated because on the day when this gpa is registered that was a holiday in mp.plz advice me. thanks in advance
N.K.Assumi
(Expert) 05 October 2014
File a complaint before the Magistrate under Section 200 of the CrPc, and if the Magistrate is satisfy with your complaint on oath he can take cognizance of your case and issue process.That Section 156 (3) come into play only when he does not take cognizance straight away and ask police to investigate on your complaint.
ajay sethi
(Expert) 05 October 2014
agree with MR Assumi
K.K.Ganguly
(Expert) 05 October 2014
1. Lodge a police complaint alleging that the buyer has physically tried to take possession of the private gali demanding his right based on the purported fahe GPA,
2. Send a copy of the complaint to the S.P./D.C.,
3. After some time file an application u/s156(3) praying for a direction upon the police to investigate and act based on your complaint.
yogesh
(Expert) 06 October 2014
156(3) to be filed only after exhausting of remedies available under 155 of Crpc i.e SHO then SSP/DCP
Dr J C Vashista
(Expert) 06 October 2014
Very well explained by experts, nothing more to add.
T. Kalaiselvan, Advocate
(Expert) 09 October 2014
