Misuse of CRPC 156

Querist : Anonymous (Querist) 21 May 2011 This query is : Resolved
Dear Sir,
I'm an engineering student at MNNIT(Formely MNREC)ALLAHABD.At my home there is some dispute regarding land issue with neighbours.With this matter 5 people attacked at my home on 29th march 2011 causing serious injuries to 3 of my family members.Fir had been lodged by police against those 5 people in this case under sections 147/148/149/307/323/325/427/452/504/506.

But for making cross case the accused party filed a case in the court under CrPC 156(3).In which they claimed 9 names from my family including me for robbing.

At that day I was not at my village,I was at my college and I had attended classes also at college.

What should I do?
I'm in final year now ,I'm worried about my carrier.

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Guest (Expert) 21 May 2011
156. Police officer's power to investigate cognizable cases and 156(3) is about ; Any Magistrate empowered under section 190 may order such an investigation as above mentioned.

In your case you have to give proof about your absence so you are at college ,collect your college attendance or presence certificate and give this in a court.

M/s. Y-not legal services (Expert) 21 May 2011
Its nothing to worry about your future.. Just file a quash petition before the high court for quash the counter case's further proceedings. Or atleast pray to discharge your self alone from that counter case proceedings by proving that you are not involved with that occurence.

M/s. Y-not legal services (Expert) 21 May 2011
For your kind information as a educated student you have to be pre example to your family persons to face that case. Court will not punish any one blindly.. So leave your fear. Be bold and face your case.

Querist : Anonymous (Querist) 21 May 2011
thanks sir........
I have attendence record issued by concerning professors of my college......
Magistrate is hearing the case and he had not ordered for filing FIR in police station ,he is hearing the case as complaint.
Problem is that>
We can't put our view through lawyer untill magistrate issues notice against us.
but is it possible to file a case in high court before magistrate issues a notice against me?......

Kiran Kumar (Expert) 22 May 2011
at this stage wait for the summons from the court, its not always necessary that the process will be issued against you.

you certainly have a good case to approach High Court if the summons are issued against you.

if the summons are issued then seek quashing of complaint as well as quashing of summoning orders.

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