Section 156(3) and section 190 and 200 of crpc
Manish Kumar Mathur
(Querist) 09 May 2016
This query is : Resolved
hi,
respected seniors, can anyone tell me the difference between the complaint under section 156(3), 190 and 200 of Cr.P.C.
If i filed a complaint under section 190 whether the magistrate will order for investigation under section 156(3) or directly take cognizance.? or whether i have to file a separate complaint under section 156(3).?
and third, when the pre-summoning of evidence comes in to the picture?
Devajyoti Barman
(Expert) 09 May 2016
looks like academic query.
what is the actual dispute.
Manish Kumar Mathur
(Querist) 09 May 2016
actually yes,
but original dispute is that i made a complaint to police but they did file my FIR, for which whether i have to go for section 156(3) or 190 of crpc to call the report from police.
or whether i have to file complaint inder section 156(3) or 190.
And when the pre-summoning of evidence comes in to the picture?
Rajendra K Goyal
(Expert) 09 May 2016
Academic query, state material facts of the problem if any.
RAVI K GOUD
(Expert) 11 May 2016
Here you did not give all the facts of the case. However make a note of the following:
Depending on the nature of the offence magistrate may act. AS far as your query is concerned if the FIR is filed and action is being not taken, then you can approach the court by filing a complaint u/s 190 and after taking the facts into consideration magistrate may order or call for the police report as contemplated u/s 156(3).