156(3)crpc
B@75BHAIBABU
(Querist) 07 December 2012
This query is : Resolved
I LODGED A COMPLAINT REGARDING OFFENCE WHICH WERE COGNIZIBLE IN NATURE(CRIMINAL BREACH OF TRUST,FORGERY ETC).BUT LOCAL P.S HAS REFUSED TO INITIATE F.I.R AND INSTEAD ASKED ME TO COMPLAINT IN COURT UNDER 156(3).I HAVE HEARD THAT A WITNESS WILL BE REQUIRED IN COURT DURING 156(3).BUT I DONT HAVE ANY AS THOSE WHO KNOW THE FACT ARE AFRAID OF LEGAL PROCEEDINGS.THEY WILL NOT STAND AS WITNESS.WHAT SHALL I DO NOW?I SHALL BE OBLIGED IF I MAY BE REPLIED
H. S. Thukral
(Expert) 07 December 2012
under 156(3) a Magistrate can order investigation by Police and does not take himselff cognizance of the complaint. No witness is required at that stage.
ajay sethi
(Expert) 07 December 2012
you lodge complaint with magistrate under 156(3) . if magistrate is satisfied he may order investigation by the police
Nadeem Qureshi
(Expert) 07 December 2012
Dear Querist
no need to worry about it, you should filed a criminal complaint u/s 156 (3) of Cr.PC or you can file a criminal complaint u/s 200 of Cr.PC.
read below:
156. Police officer's power to investigate cognizable cases.
(1) Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIII.
(2) No proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one, which such officer was not empowered under this section to investigate.
(3) Any Magistrate empowered under section 190 may order such an investigation as above mentioned.
Nadeem Qureshi
(Expert) 07 December 2012
200. Examination of complainant.
A Magistrate taking cognizance of an offence on complaint shall examine upon oath the complainant and the witnesses present, if any, and the substance of such examination shall be reduced to writing and shall be signed by the complainant and the witnesses, and also by the Magistrate:
Provided that, when the complaint is made in writing, the Magistrate need not examine the complainant and the witnesses-
(a) If a public servant acting or purporting to act in the discharge of his official duties or a court has made the complaint; or
(b) If the Magistrate makes over the case for inquiry, or trial to another Magistrate under section 192:
Provided further that if the Magistrate makes over the case to another Magistrate under section 192 after examining the complainant and the witnesses, the latter Magistrate need not re-examine them.
Feel Free to Call
Raj Kumar Makkad
(Expert) 08 December 2012
You have very well been advised and I do concur with those views of experts.
prabhakar singh
(Expert) 08 December 2012
More often than not an offence of forgery or criminal breach of trust involves documentary
evidence so if you have those or any of that kind you shall be able to convince the magistrate even without a oral witness.
V R SHROFF
(Expert) 08 December 2012
With Documentary Evidence and ur Affidavit, Magistrate MAY pass order for 156(3) ;
So you apply for 156(3) for Police Investigation or under 202
Magistrate may directly issue process at his discretion.
