156(3) dismissed .

prashant pundhir (Querist) 23 September 2011 This query is : Resolved
Dear experts,
One of my application of 156(3) dismissed by the magistrate holding that the matter is of civil nature and not supported with affidavit .I need some rulings of supreme court and high courts(better of high court of allahabad) that affidavit is not mandatory with the application of 156(3)cr.p.c.
Thanks .

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adv. rajeev ( rajoo ) (Expert) 23 September 2011
Application cannot be dismissed on the reason that it is not supported by an affidavit. File criminal revision against the order.

Advocate. Arunagiri (Expert) 23 September 2011
For an application seeking seeking direction to police, need not have affidavit.

The dismissal of the magistrate is illegal. You can prefer Revision.

Guest (Expert) 23 September 2011
Dismissal will not be a bar to file it again.
better send a complaint to registered post to Superintendent and get direction to register the FIR under 482 of Cr.P.C. at Highcourt/

Advocate Rajkumarlaxman (Expert) 23 September 2011
I AGREE WITH OUR EXPERTS

M/s. Y-not legal services (Expert) 23 September 2011
Am agree with ganesan sir.. If your complaint dismissed mean, better you may file a fresh complaint with some change of circumstances.

Advocate M.Bhadra (Expert) 23 September 2011
Your application u/sec.156(3) Cr.P.C. may be rejected if there is no material ground to treat your application as an FIR,but it is not required supported by an affidavit.You may approach to the same Court to switch over your application as a complain case u/sec.200 Cr.P.C.,merit u/sec.482 Cr.P.C. is rare cases in High Court.

Sailesh Kumar Shah (Expert) 23 September 2011
I do agree with common opinion of all experts.

prabhakar singh (Expert) 23 September 2011
i agree,all are right on this common query.

prashant pundhir (Querist) 23 September 2011
Dear Experts,
I know that the order of the magistrate is illegal and going for the revision of the same .Lots of holdings of hon.supreme court and high courts I have regarding that if there is any cognizable offance in any civil matter,then the magistrate need ti take cognizance on the application u/s 156(3)cr.p.c. but I am not getting any particular finding that affidavit is not mandatory with the application of 156(3)cr.p.c.
Please provide me some findings regarding affidavit .
Thanks .

Advocate. Arunagiri (Expert) 24 September 2011
The order of the magistrate to police u/s 156(3)is only an administrative power.

Only for passing any judicial order the magistrate may need affidavit.

So, the order of the magistrate demanding affidavit is illegal.

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