Remedy available for an accused under sec 156(3) crpc
chanderKant Tyagi
(Querist) 13 February 2011
This query is : Resolved
Hi,
I am a law student and doing interns as well in districts courts of delhi.One of my village boy filed am application under sec-156(3) against me in panipat court.
he got little scratch injury on his nose somewhere....after 9-10 days we had heated exchange of words...to take revenge he scratch his wound again and got admitted in govt hospital for 2 days and forward application in concern PS by stating that i had gave him that injury...
But because of my gud luck police didnt filed any FIR against me..now after 3 months he just had filled an application under sec-156(3) against me.
Kindly let me know the remedies available to me. before summuning the magistrate u/s 200 crpc i cant approach the session or high court for quashing. Please DO reply ASAP . In other words in current stage i cant approach d high court.
Can i file a defamation suit against him? Kindly let me know any other defence as well. :(
Regards
Chanderkant Tyagi
Amit Minocha
(Expert) 13 February 2011
till the time the orders are passed by the Court , you are not the accused hence you have no remedy so far in the said application. However, you can try for an anticipatory bail if you apprehend any arrest.
indrajit mukhopadhyay
(Expert) 14 February 2011
only remedy is there to to file an application u/s438 crpc.besides nothing you can avail at this moment.
Arvind Singh Chauhan
(Expert) 14 February 2011
At first, proceeding under 156(3) and Section 200 are different. You are not aware that he has filed a complaint or got an order from magistrate to investigate the matter.
If you think you have just ground you can approach to HC for quashing the Proceeding/FIR or you can seek bail and contest the case.
Any action against him arises only after disposal of your matter.
Ajay Bansal
(Expert) 16 February 2011
Agreed with Amit.
Advocate. Arunagiri
(Expert) 16 February 2011
You dont have the locus standi at this time. Once the court decides 200 or 156
(3) you can take further action challenging it.
