Queshing

There is no civil suit filed. What i meant that allegations in FIR are more of civil nature. Also my query that if 154(3) compliance is not done before filing 156(3) and magistrate has allowed to file FIR, can the same be challenged in high court ( non compliance of 154,(3) ) to quesh FIR. How strong that point is ?

Yes, compliance with Section 154(3) of the Criminal Procedure Code (CrPC) is mandatory before filing an application under Section 156(3) of the CrPC.

The application should clearly state the prior applications under Section 154(1) and 154(3). It should also include the necessary documents.

The application should be supported by an affidavit. This is to ensure that the applicant is conscious and does not make a false affidavit.

Non-compliance with Section 154(3) can result in the application being rejected.

The Supreme Court ruled in the case Babu Venkatesh and others Vs. State of Karnataka and another that applications under Section 154 CrPC must be made before filing an application under Section 156(3) CrPC

Also another thing that we observed was that he went to 2 police stations for filing FIR ( one at place of his residence and another near work both are 30 Km apart ,both PS marked as NC.) He mentioned same in his application of 156(3) but he attached application submitted at one PS only. That also makes application of 156(3) incomplete.

Lastly , when it was a matter of e mails , the jurisdiction of PS and court sould be near to his place of residence and not near his place to work . He got order from court which is near his place of work ( we are taking about Mumbai here where multiple courts exist)

Hence , can we also try to raise the point for jurisdiction that magistrate should have rejected his application on account of non annexure of application submitted to one PS which was near to his home and also since the jurisdiction was not there to pass the order .

We feel since complaint is based on few mails  only and e-mail of recepient does not have a physical address and hence,his place of residence sbould be considered as area where he shold file FIR / complaint of defamatory mails .

How relevant about points are in your opinion?

The application / complaint submitted to the police station / Court where cause of action arose shall be entertained / shall have jurisdiction and not the otherone, irrespective of place of residence or work, it may be different to both the places.

Sir ,cause of action happened in personal e mails. So if a person stays at one place he should file the complaint at police station near his place of residence and not 40-50 km away.

First he went to police station near to his home only but they refused to entertain. After few months he went to police station far off his residence but which was near to his work ,they also didn't entertain. He then went to court whjch was nasr to his place of work and not residence falsely saying he got mails at his official mail IDs of late which is a lie as we saw the papers and mails came on his personal mail id only.

So here , he didn't comply 154,(3) at a places , as well as he file 156(3) at a court who didn't have jurisdiction over his place of residence.

There is no physical cause of action. It is only defamatory mails he is talking about and that too came on his personal email .

This is a matter of trial.

You can wait for the disposal by court, however you can draw the attention of the court towards the technical flaw and illegal aspects and fight it out properly

Ok , thanks for your guidance sir .