Rajarshi Bhowmik (advocate) 11 January 2015

156 (3)

I on behalf of my client filed an application u/s 156 (3) Cr. P.C. as my clients complain was not entertained by the Police. At first the Ld CJM was pleased to reject my applicationon the ground of lack of jurisdiction then finding no other alternative I preferred a revisionalapplication beforethe Ld Seassons Judge and after hereong Ld Seassons Judge was pleased to pass an order mentioning that the court and the P.S. both had hurisdiction and direct theLd CJM to dispose my application in merit. After hereing again Ld CJM was pleased to pass an order to the P,S. to start a case after registerring my complain petition as FIR. and to submit a report. I was really astonished to notice that in the report the IC of the P.S. had mentioned that he had started a case but not accirdence to my complain as sum part of the offences occurred outside ofthe P.S.

I was shocked after going through the report as my ple was all the offences committed was a continues offences and so the can be investigated by any P.SD. and Ld Seassons Judge also statedthe same while passing the order in my revisional application.

I had filed a protest petition against the report before the Ld CJM regarding the said repirt and stated such words of the IC of the PS is prehudicing my client and also commiting contempt of Court. But unfortunately Ld CJM again rejected my application.

Please advice what can I do know ?

Rajarshi Bhowmik

(ADVOCATE)

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3 Replies

adv.raghavan (Advocate,9444674980) 12 January 2015

you have not stated whether the court had taken cognizance of the report, if it rejects go for revision against the same. If it accepts the same, in its same version, as you mentioned file petition for adding charges.

Advocate Ravinder (Advocate/Attorney) 12 January 2015

Normally, the court (Ld CJM) will not take congnizance of the case, because the court will take cognzance basing on the report of Police. Here in your case the police report is that part of the cause of action is outside of the court. If it is a case of continuous cause of action, the first office will be taken into consideration. Check up where the first offence had taken place.