Terminator (Analyst) 10 April 2012

Complaint u/s 156(3) - where should i file?

Hi Experts,

I want to file a complaint against my wife u/s 156(3) since the police is not acting on my complaint.

Where should I file the complaint ? Shud it be in Magistrate Court or Sessions court or District Court ?

Please suggest.

If anyone has a sample format, please share it.

Thanks in advance.

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13 Replies

Dr J C Vashista (Advocate) 10 April 2012

Simple complaint petition to be filed in Magistrate's Court.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 10 April 2012

Dear Querist

the Complaint u/s 156(3) Crpc will be file before Judicial Magistrate.

feel free to call

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 10 April 2012

Dear Querist,

File it before the Judicial/Metropolitan Magistrate of your area.

ravindra (Analyst) 10 April 2012

If u filed complaint in police station then file RTI for action taken on your complaint. Also ask Certified copy of FIR.

Thanks

Ravindra Sonavane

A. A. JOSE (LAWYER; LEGAL ADVISER/CONSULTANT& TRAINER) 10 April 2012

Rightly advised, file before the Judicial Magistrate concerned.

vivek jain (activist) 11 April 2012

Dear querist,

You may first bring it to the notice of the concerned S.P.

If you dont get response you are free to approach the judicial magistrate/ metropolitan magistrate who has jurisdiction to take cognizance on your complaint.

Terminator (Analyst) 11 April 2012

Thanks to all the experts for guiding.

Could anyone please suggest some judgements relating to Article 21, 19, 14 which I can cite in the complaint ?

Thanks in advance.

vivek jain (activist) 12 April 2012

You need not cite any judgement in your complaint. You must state facts only. And otherwise also, the articles you have mentioned have a very wide range of concepts and have various judgements on different points.

Ravi chaturvedi (Partner) 16 April 2012

I wanted to know that what type of allegation you have put on your wife. Because it depend on your allegation that whether it comes in the ambit of NC or F I R. So if it comes in fir then only you proceed the matter before jmfc of your area.

(Guest)

156(3) cr.pc application submitted in Magistrate court.

But before it You have to sent complaint application to SSP of your city. If police not registered FIR than
after this file 156(3) cr.pc

Pankaj V Bandekar (Legal) 17 April 2012

If police is not paying any heed to your complaint then U/S. 154 of CRPC, you can complain before DCP or equivalent officer. Even if he doesnt act on your complaint then do not file 156(3).

But you must also give a thought that why are so many people refusing your complaint? Think twice because if your complaint fails yoru wife can sue you for defamation, police can take action for giving false in formation and misleading police officer and last but not the least, wife can file 498A against you for mental cruelty casued to her.

Regards

Pankaj