Whether simultaneous complaint under section 156(3) can be filed?
Raman
(Querist) 19 January 2013
This query is : Resolved
Whether simultaneous complaint under section 156(3) can be filed?
Sir,
I have filed the complaint under section 190 read with section 200 of the CrPC which was checked and registered by the Metropolitan Magistrate and was put for pre summoning evidence for next month. The accused has committed cognizable offence which is non bailable
Whether it is correct to proceed under section 200 of CrPC as the accused will escape from the investigation done by police?
Whether I can move the complaint under section 156(3) without withdrawing the previous one in what manner?
Raj Kumar Makkad
(Expert) 19 January 2013
You might have moved the application under section 156 (3) along-with your complaint which you have lost a golden opportunity but try to move this application in the same complaint on the next date of hearing otherwise separately it is not maintainable..
Raman
(Querist) 19 January 2013
Sir, whether in the form of the Miscellaneous Application,the same complaint cannot be clubbed with the main complaint?
Whether I cannot file this compliant/application prior to the next date of hearing?
ajay sethi
(Expert) 20 January 2013
you have already filed a complaint under section 200 . the court has already taken cognisance of the same . in respect of same facts you cnanot now file fresh complaint under 156 (3)
Raman
(Querist) 20 January 2013
Ajay sir,
can we adduce the additional application OF 156(3) in the main complaint as normally many experts says that one should file the complaint under section 200 as well as 156(3) of the CrPC and still now the magistrate has not examined the complainant or his witnesses under section 200 of the CrPC
H. S. Thukral
(Expert) 20 January 2013
It appears that the Magistrate has not taken cognizance of complaint so far. He can direct the Police to investigate the complaint without formal application under section 156(3)
J K Agrawal
(Expert) 20 January 2013
Dear Sirs
Now it time for us to go through section 210 of Cr. P. C.
Raj Kumar Makkad
(Expert) 20 January 2013
Court can send the complaint for the investigation and report under section 202 of Criminal Procedure code if you move such application as of now.
james
(Expert) 20 January 2013
As the magistrate opted to proceed u/s 202 crpc,he cannot turn back to proceed u/s 156 crpc.
Now you cannot move another complaint u/s 156
Raman
(Querist) 20 January 2013
Sir, Complainant has not even examined on oath and nor the list of witnesses has been filed and there is no question of police examination under section 202 CrPC..
I am just seeking whether prior to examination of Presummoning witnesses , can i move the miscallneous Application in the main application under section 156(3) for FIR or
should I wait for next dae of hearing to file the application under section 15693) of CrPC??
or should I send the letter to the area SP/DCP to simulatenous regsiter the case for FIR??
If not above 2 points
Devajyoti Barman
(Expert) 20 January 2013
Yes you can, it is very much permissible.
J K Agrawal
(Expert) 21 January 2013
I support Mr Barman.
There is no such restriction under Cr.PC that both cases can not run at a time.
Section 210 is very interesting in this regard.
It, at first hand, says that if Police and the Court is investigating same case simultaneously then The Magistrate shall stop himself and let the police conduct the case.
But after This the story is interesting.
If the Police books the accused or some of accused persons, The BOTH cases will be heard simultaneously.
If the police finds no case made out, The Magistrate shall PROCEED to hear the stayed case.
Raj Kumar Makkad
(Expert) 21 January 2013
If no evidence has been recorded and even the case has not been sent unde section 202 then your application is maintainable.
