Section 156(3) of the code of criminal procedure 1973
Toni S. Sachdevani
(Querist) 21 April 2012
This query is : Resolved
Dear Sirs,
On an Application made u/s 156 (3), order in the following words has been passed by the magsitrate;
"All the allegations in the complaint are of civil nature & already civil suit is pending between the parties. Therefore in my considered view there is no need to invoke power u/s 156 (3) of Cr.P.C. & purpose will suffice by recording the statement of the complainant u/s.200 of Cr.P.C. Hence put up for verification.
My queries are;
1. Can such order be passed u/s.156(3)?
2. Applicant is sure that offences have been committed, he intends that police should investigate the matter, what remedy is available to the applicant to challenge the above order?
3. Supporting provisions/citations please, if any???
Thanks & Regards,
3.
V R SHROFF
(Expert) 21 April 2012
matter is for vf, so not closed , after 2100, magistrate can ask police report u/s 202, and it can trigger , if it is criminal.
It seems Judge is convinced, it is of civil nature.
We have no fact, so cannot comment further.
can go for revision in sessions against aggrieved order.
Shonee Kapoor
(Expert) 21 April 2012
Yes, this order is not illegal on this ground alone.
However, if the complainant thinks that he had a fit case of FIR, then he can go in for revision.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Legal Fighter
(Expert) 22 April 2012
the dispute seems to be of private nature so there is no requirement of police investigation and the magistrate seems to be right in proceeding u/s 200 CrPC.
Dr J C Vashista
(Expert) 22 April 2012
The court passes an order after going through relevant facts and law on the issue and competent to pass such order. However, if you feel aggrieved by such order you may go in revision.
Adv.R.P.Chugh
(Expert) 22 April 2012
The Merits of the order cannot be discussed without having a look at the facts. If no cognizable offence appears from the allegations - the court is free not to order registration of FIR - you can file a revision before COS against this order....When the judge examines you on oath u/s 200 take witnesses with you if you can....if he finds merit he can still order investigation/inquiry u/s 202.
Santosh Goswami,Advocate
(Expert) 22 April 2012
Order only mean that proceeding under 156(3) can not proceed but will proceed according to Sec 200. Against the order you can go in revision to session court.
919555462995
R.RAJENDRAN
(Expert) 22 April 2012
File a revision petition in the Session Court.
Toni S. Sachdevani
(Querist) 23 April 2012
Sirs, forged will has been prepared in the name one deceased apart from that a fifness certificate had been obtained from the doctor who has got his registration post/after giving that said fitness certificate. Not only that the font of will & that fitness certificate are same.
