Complaint under section 156 (3)
RAJESH CHOPRA
(Querist) 07 September 2014
This query is : Resolved
Sir,
I had filed a police complaint against a person who had cheated me. Since police did not take any action for long time inspite of my repeated complaints to higher officials now I am preparing to file a complaint under section 156(3)
but I have come to know that the accused has shifted his residence and I am not aware of his new address and on enquiry from neighbours also it was not known to anyone . Pls advise if this will affect my application under section 156(3) . What is the alternative available . Will the court direct police to trace his new address.
Thanks
Nadeem Qureshi
(Expert) 07 September 2014
No need to worry.
File an application under Section 156 (3) of crpc before court with his address which you know if court passed an order for registration of FIR then it's police duty to trace him you also try to find out his address.
Feel free to call
Raj Kumar Makkad
(Expert) 07 September 2014
You are required to provide latest address of the accused person because if your application under section 156(3) is rejected or the complaint is sent under section 202 to local police to report or it is treated just under section 200 of Criminal Procedure Code then you shall be at the loser side.
Raj Kumar Makkad
(Expert) 07 September 2014
One should enter in the war after fully preparing to face its entire consequences.
RAJESH CHOPRA
(Querist) 07 September 2014
Raj Sir . Does it mean that any person staying at address A after committing an offence takes advantage of police inaction and then moves to address B and can take advantage of his non traceability if the court does not allow immediate filing of FIR but proceeds under 200 or 202 of cr pc.
I am sure there must be some legal alternative instead of complainant being a loser. Is police not responsible for this as had they taken action in time then.
Pls advise
Devajyoti Barman
(Expert) 07 September 2014
You can simply mention the police his new address. No need for change in the application nor any fresh petition needs to be filed.
Rajendra K Goyal
(Expert) 07 September 2014
It would be better to mention his present address.
Raj Kumar Makkad
(Expert) 07 September 2014
If complainant is unable to trace-out his latest address then law provides calling his nears and dears to disclose his latest/up to date address. The concerned court can very well do it.
