Sec 156 (3) by the girl
rajiv_lodha
(Querist) 06 January 2012
This query is : Resolved
I tried to get answers on some platforms, but no satisfactory outcome, so experts plz guide me throu!
Girl filed false 498a+406 complaint with commissioner police. IO CAW cell enquired for 5 months, boys side submitted all proofs of their innocence there. IO+DCP gave closure report & did not recommend any action to be taken & the complaint was “filed” 6 months ago. Boy’s side still fear of 156(3) etc; may be PCR at MM court may be waiting 4 them at her city. No clues yet. Is there any time limit for the girl to approach MM court in this matter. How boy’s family can handle the situation further. Also…..is there any citation that MM court has to take DCP level enquiry into strong consideration b4 summoning the accused.
She can also go thro the defence (throu RTI) he has submitted at CAW cell & may slightly modify her allegations (she has ample opportunity during PCR evidence to do so) to circumvent the defense b4hand, thus cut the lifeline of boy's side......!
Throu' 156(3), court has vast powers, if I am right, the following ones:
1) May order PS to register FIR & do investigation further.
2) May take the CAW cell investigation on record, may not take cognizance
3) May summon the accused directly.
Is the police harassment less via court's way!
Devajyoti Barman
(Expert) 06 January 2012
What actually do you want to know? You have raised lot of other queries in the whole query.
V R SHROFF
(Expert) 06 January 2012
3 years
can file 156(3) or can directly complain, and process can be issued.
mm can direct to file FIR, and or investigate and report u/s 202 at his discretion.
Shonee Kapoor
(Expert) 06 January 2012
The running of trial w.o arrest is harassment enough.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 06 January 2012
unless you disclose those platforms i decline to answer you.
Raj Kumar Makkad
(Expert) 07 January 2012
Prabhakar Singh ji! The author is over smart. He has not given any chance to any of the expert to reply as he has not raised any query rather has provided his knowledge over the subject.
Raj Kumar Makkad
(Expert) 07 January 2012
The author has also put the facts of one case wherein he has cited husband as boy and wife as girl. He has shown the dispute as of boy and girl and not of husband and wife. So how and where is required expertise?
Deepak Nair
(Expert) 07 January 2012
Rightly opined by Mr.Rajkumar and Prabhakar Sir.
Chanchal Nag Chowdhury
(Expert) 07 January 2012
Nothing needs to be done. U can always fall back on the closure report if any action is taken by the girl.
rajiv_lodha
(Querist) 07 January 2012
Hello, all learned members, I apologise I sensed "oversmart"! All is to tell.......I am harassed a lot, 156(3) sword is hanging continuously to scare me. Old aged parents are on the verge of physical & mental break. They are scared of arrest & police accesses, they can not tolerate more calls from police.......rest, see what is in future 4 them/me:
* Boy & Girl r husband-wife
* Police has closed her complaint.
Moot point is:
1) If everything goes wrong at MM pvt complaint, is the police harassment less as the process is throu' court?
As nobody has taken dowry or done harassment, we have solid proofs too....but u all know, its a matter of trial later on. Much of the harassment occurs in the beginning only. Facing 498a+406 trial is not THAT bad as facing police excesses! Is bail easy in this procedure?
2) Ppl say that, u get AB when matter is in CAW cell & then 90% tension is over. In my case, if 156(3) succeeds what is the roadmap for us to protect further? Do innocent ppl get better platform in such PCR to defend themselves & avoid arrest?
Plz be generous enough to guide. I am here to correct me/ put rite information if further required
Devajyoti Barman
(Expert) 07 January 2012
1. Why do not you pray for bail first so your tension would end soon.
2. Same as above.
Snehal
(Expert) 08 January 2012
KEEP WATCH IN THE COURT WHETHER THE GIRL FILES ANY COMPLAINT AGAINST U. U MUST KEEP WATCH IN THE COURT OFFICE THAT IF SHE IS GOING TO FILE ANY COMPLAINT AGAINST U. THIS IS PRE-COGNIZANCE STEP FROM U R SIDE. EVEN IF THE COURT ISSUES 156(3) AGAINST U. THEN U JUST GOT TO THE CONCERN POLICE STATION & GIVE IN WRITING U R STATEMENT & DISCLOSE ALL THE THINGS I.E. INVESTIGATION OF PREVIOUS POLICE COMPLAINT, INVESTIGATION AS WELL AS CLOSER REPORT. POLICE WILL ATTACH ALL THE DOCUMENTS TO THE SAID COMPLAINT & SEND IT TO THE COURT. WITH THE REMARK THAT NO OFFENCE CAN BE MADE OUT WITH THIS PRIVATE COMPLAINT. AFTER CASE IS CLOSED U CAN FILE CASE FOR DEFAMATION & CIVIL DAMAGES AGAINST HER.
rajiv_lodha
(Querist) 08 January 2012
Thanx 4 reply!
@ Barman Sir,
As the police has closed the proceedings. 156 (3) proceedings are still not sure 2 us, can bail be applied in this scene! If yes, throw some more light.
@ Snehal Sir,
* For keeping watch in the concerned MM court, who is the right man there, who can tell about such PCR for sure? Is there any time limit 4 the girl to approach court in this scene?
* Going to PS & submitting the stuff 2 get a favorable report is a nice idea if things go this way. If court gives directions for FIR to police, can the cops harass us in the way they are bribed OR there are some bindings as the case has come thro' court. Main concern is police harassment & not fighting the case in court!
Hope to get more words of knowledge about this process from the experts
rajiv_lodha
(Querist) 10 January 2012
If court listens to preliminary hearings on girl's 156(3) application, and summons accused U/S 498a, 406, 120B for date dd/01/12.
Do the accused need to get bail immediately?
On next hearing (dd/01/12)?
rajiv_lodha
(Querist) 11 January 2012
Thanx a ton dear!
If we have adequate proofs to shatter her allegations, what should be next step on receiving this summon:
1) Go to HC for quash?
OR
2) Appear in MM court on dd/01/12 throu councel & start fighting the case on merits there?
Raj Kumar Makkad
(Expert) 15 January 2012
You should go to high court for quashing of the complaint if you are so confident having proof in support of your innocence.
