Whether simultaneous complaint under section 156(3) can be f

The section 156(3) can be applied by the magistrate at pre-cognizence stage which has been lapsed in your case. As the magistrate has already applied the process of section 200, therefore, the same court cannot applied the procedure established in section 156(3).

Any how you may also file the complaint before police authorities who can lodged the FIR against the accused persons. The magistrate will apply the procedure u/s 210 CRPC and stop the proceeding 210 (1) CRPC of the complaint case pending before it.

Rgds

Dear Sir,

The magistrate till now has not examined the complainant under oath as per section 200 of CrPC BUT HAS ONLY REGSITERED THE COMPLAINT and the list of witnesses too has not been filed by me

My query is that whether I can move Miscallneous Application in the main case under section 156(3) of Crpc for ordering investigation?

Whether I can move the application prior to the next date of hearing or should I wait for next date of hearing which is fixed for presummoning evidence??

once magistrate has postpond the matter to the next date, the magistrate cannot be invoke the power u/s 156 (3). At this stage the misc application has no value even if it depand upon magistrate how to deal this applicaiton. The magistrate may attach this application with the complaint by decling or order for inquiry u/s 202 CrPC.