plz give me citations regading detail procedure u/s. 156(3) crpc
Querist :
Anonymous
(Querist) 16 March 2011
This query is : Resolved
what are the powers of magistrate under sec. 156(3) crpc after fling final report by police as no offence is found against accused.plz tell me the detil procedure of it if possible tell me the citations
Dineshwar Singh Kaushik
(Expert) 17 March 2011
Sec 156 of cr.p.c. :- Police officer's power to investigate cognizable case.
sub section 3 says that - any magistrate empowered u/s 190 may order such an investigation as above mentioned.
Your question is not clear ,so if possible please try to clear it.
prashant pundhir
(Expert) 17 March 2011
Dear,
If any police officer or i.o., on the fir lodged by the order of any magistrate u/s 156(3)cr.p.c.file his F.R.,then the magistrate is empowered either to accept the f.r. or refuse it.
However if there is any protest petition against f.r.then magistrate either send it the complaint for re-investigation or directly summon the accused person if find suffeciant material in case diary or will treat the protest petition as a complaint case and record the evidence u/s 200 and 202cr.p.c.For the details go to-
1;-Pakhando and others v/s state of u.p. and one more,2001(3),A.C.R.2541 .
2:-Suneel kumar Agrawal v/s state of u.p.,cr.rev.no.3142,2010,H.C.Allahabad .
Sarvesh Kumar Sharma Advocate
(Expert) 17 March 2011
file protest pitition before the court in which the final report filed by the police!
magistrate takes verious staps as-
again investigation,
treet as complaint case,
direct summan to accused!
Kiran Kumar
(Expert) 17 March 2011
dear friend better will be to go through the Criminal Procedure Code for this purpose, can take help of some good book.
a citation may not be helpful if you are not aware of the basic provisions in clear terms.
I am mentioning a latest judgment of SC, it will be helpful to you for some purpose connected with S.156(3) Cr.P.C but does not mention the entire procedure.
Smt. Mona Panwar v/s High Court of Judicature of Allahabad
Criminal Appeal No. 298 of 2011 decided on 02.02.2011
find it on www.supremecourtofindia.nic.in
