Someone file complaint under 156/3 without approaching police n higher authority as this application is missing essential ingredient but still magistrate order u/s 202 .have to challenge in same court or what may be remedies.Thanks
advchashampal 14 December 2024
Someone file complaint under 156/3 without approaching police n higher authority as this application is missing essential ingredient but still magistrate order u/s 202 .have to challenge in same court or what may be remedies.Thanks
T. Kalaiselvan, Advocate (Advocate) 14 December 2024
If there is complaint given before the magistrate then the burden lies on the complainant to prove his case, if he is required to furnish evidence under section 202,, he has to comply with it accordingly
Dr. J C Vashista (Advocate ) 15 December 2024
What is your locus standi to the complaint u/s 156(3) CrPC, i.e.,wether you are complainant or accused or counsel for either party to the case in hand?
It is mandatory for the complainant to approach higher police authorites u/s 154(3) CrPC before it is entertained by the Court.