complaint case
anonymous
(Querist) 11 May 2010
This query is : Resolved
If one wants a direction under Section 156 (3) of Cr.P.C. is it enough to file 156 (3) application before the concerned magistrate?
Or
Is it necessary to file a complaint petition under Section 200 Cr.P.C. and in that petition, an application under Section 156 (3) is to be filed? I read in some judgment that an application under Section 156 (3) independently cannot stand and it has to be filed along with S. 200 petition.
Is S. 156 (3) application has to be supported by an affidavit?
Please clarify. Thanks in advance.
Arvind Singh Chauhan
(Expert) 11 May 2010
Judgment as referred by you, I would also like to be acquainted with. Please refer. Otherwise both are separate proceedings.
Virender Pankaj
(Expert) 12 May 2010
A separate application 156(3) Cr.P.C is not maintainable it should be filed with Complaint U/S 200 Cr.P.C. However in some state the Court may entertain independent application of 156(3) Cr.P.C.
