Need Judgement

Mr Deepak

order of CJM u/s 156(3) is a order of court and is appealable u/s 372CrPC.

u/s 156(3) CJM has power to either accept the application or reject the application having regard to the contents and evidences attached to application. This stage is called pre-congnizance state.

Although the CJM is supervising two PSs but locus standi of your application is wrong. So magistrate is justified in rejecting the complaint. Moreover in one way you can take benefit of order of CJM since the application has been rejected due to locus standi only so file applicaiton against rather going for appeal. In precongizance state also mention the previous order and state that the deficiency has been rectified.

Mr Bechara..........................

Thanks for your comments. But I am the opposit counsel. The CJM without going into the contents of the complaint passed the order whereas section 307 of IPC was also incorporate in the complaint without any injury . further i want to know whether the CJM without exceptional case refer the case u/s 156 (3) CRPC to register the case whereas no offense has been committed in his jurisdiction of PSs.

It is also right to inform you that the magistrate earlier  order to register the case in another PSs but later on rectified the order and send to other PSs mentioning that the property is situated at PSs ABC.

IS this a valid reason (Property situation) to registered a criminal case

Hi i need citations on Committal Orders U/sec- 209 of Cr.p.c. Please paste if someone had. 

for which point you need citaton on 209

Dear air/madam, 

Police has registered a case U/ sec- 307 of IPC and filed a Charge Sheet against the accused No 1 to 16. But the thing is that accused No 1 is absconding before registering a FIR and NBW is pending. Accused No 2 to 16 are the relatives of A-1 and are all on  bail. This being the fact the magistrate is not willing to commit the case to court of sessions, though the charge has been filed before 8 months. Hence i have filed a IA U /sec 209 of Cr.pc. Please  paste any citation on U/sec 209. 

Dear Sir/madam, 

Police has registered a case U/ sec- 307 of IPC and filed a Charge Sheet against the accused No 1 to 16. But the thing is that accused No 1 is absconding before registering a FIR and NBW is pending. Accused No 2 to 16 are the relatives of A-1 and are all on  bail. This being the fact the magistrate is not willing to commit the case to court of sessions, though the charge has been filed before 8 months. Hence i have filed a IA U /sec 209 of Cr.pc. Please  paste any citation on U/sec 209. 

Dear Sir/madam, 

Police has registered a case U/ sec- 307 of IPC and filed a Charge Sheet against the accused No 1 to 16. But the thing is that accused No 1 is absconding before registering a FIR and NBW is pending. Accused No 2 to 16 are the relatives of A-1 and are all on  bail. This being the fact the magistrate is not willing to commit the case to court of sessions, though the charge sheet has been filed before 8 months. Hence i have filed a IA U /sec 209 of Cr.pc. Please  paste any citation on U/sec 209.