Weak Application made Under Sec 156(3)
Kumar Krishan Agarwal Advocate
(Querist) 29 June 2011
This query is : Resolved
Dear Sir,
I have filed a application 'A' Under Sec 156(3)for registering FIR which seems deficient to the Magistrate for registering the case as he told me personally. Now the magistrate said to do something rectification major steps so that he may order on the application 'A' to register this case as FIR.
Now my Queries are:-
1. Will i amend the more facts in the separate interlocutory application in the same application 'A' for registering the case?
2. In which section of CrpC I may amend more facts in the same application 'A' which I had filed under Sec 156(3).?
3. Will I put written arguments under Sec 314 crpc in a separate interlocutory application in the same 156(3) application 'A' so that the Magistrate may understand the incident clearly and order to register the same application 'A' of 156(3) ?
4. Is there anyway to rectify the application 'A' so that the magistrate may not dismissed my 156(3) application 'A' for registering FIR ?
Tarun Thakur
(Expert) 29 June 2011
there is no procedure for amendment in crpc. To my opinion, u can withdraw the complaint citing technical ground and file a fresh one.
DEEPAK ASSOCIATES
(Expert) 29 June 2011
There is no procedure to amand the application by filling the interlucatory application in the way of 156 (3) CrPC.
The Saction 156 is reproduce
" Any officer incharge of a police station may, without the oder of a Magistrate, investigate any cognizence case which is a court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provision of chapter XIII
(2) XXXX
(3) Any magistrate empowered under section 190 may order such an investigation as mentioned above "
bare reading of this sanction disclosed the application u/s 156 (3) straitway be sent to the police or otherwise it be dealt u/s 202 CrPC.
Therefore, there is no time between the application presented before magistrate and sent to police.
hence there is no way to amend the application.
however, if the magistrate has reture the application without any order, it be treated as fresh application.
