Withdral petition for sec 156(3) crpc

No deviation can be made in the prescribed legal process, in the wake of Magistrate's order u/s 156(3).

By the way, why second thought after you approached the Magistrate for filing FIR and investigation by police?

 

 

I am also of the same view, as that of Shri PS Dhingra.

 

 

@JIGYASU,

Thanks for agreeing with my views.

 

Case instituted in court under police report cannot be withdrawn (like Fir) . Section 256 of Cr.p.c deals with the complaint made in the court(not in police station), which can be withdrawn if sufficient ground is given to the satisfaction of the court.

Speaking out of the provision, to withdraw the case, go talk to the officer in charge of the police station for the withdrawal. It's only him who can withdraw the FIR if it is not registered.

Originally posted by : Tubeen
	Speaking out of the provision, to withdraw the case, go talk to the officer in charge of the police station for the withdrawal. It's only him who can withdraw the FIR if it is not registered.

 

Mr. Tubeen,

By your above statement, do you mean to say that the Officer in-charge of a PS has the power to defy the order of a Magistrate under Sec.156(3) and can refrain from registering an FIR and the petition before the Magistrate under the said section can be nullified by the action of the Officer in-charge of a PS?

 

 petition u/s 156(3) filed  ( for sec 420 ipc) and order for investigation passed by magistrate.  fir not registered till now . during investigation accused comes to settle the amount. before registering FIR can i file withdraw petititon before court by this compromise .WOULD THE COUT ALLOW  TO WITHDRAW OR AFTER FILING FIR , IF I FILE PETITION TO COMPUND THE OFFENCES  WILL BE ALLOWED

Mr. Dhingra, No, Officer in Charge of PS can not defy the order of the Magistrate. Going by the statement of the Mr. kameswaran, FIR is not registered yet. So, if it is not registered, how can Magistrate pass an order for investigation.

Originally posted by : Tubeen
	Mr. Dhingra, No, Officer in Charge of PS can not defy the order of the Magistrate. Going by the statement of the Mr. kameswaran, FIR is not registered yet. So, if it is not registered, how can Magistrate pass an order for investigation.

 

Mr. Tubeen,

Your response reveals, as if you are not well conversant about the provisions of section 156(3). You may better go through sub-section 156(3), make a review of your reply and give a serious thought up to what extent you are correct in your views.

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Mr Dhingra, thank you for pointing out my error. I have gone through the sub-section 156(3). And yes, there I found the mention of section 190 Cr.p.c, as per which Magistrate can take cognisance of matter which he received upon his own knowledge or from any person other than police or police himself. And further, as per sub-section 156(3), he can direct the police for investigating the aforementioned matter. Now, in this situation, I need some enlightenment from you, would this be considered as a case instituted upon private complaint or police report? As per my understanding Mr. Kameswaran's matter, it is not a case instituted upon police report and I am of the opinion that it can be withdrawn. Please correct me if I am wrong.

And yes, I take back my suggestion about approaching to O.C of P.s for withdrawal. I do not think it is possible in the present situation of Mr. Kameswaran.

Mr. Tubeen,

Thanks for realising your mistake. About your question, the original query pertained merely about withdrawal of complaint, not for further pursuit of the case.

Moreover, in the absence of the nature & gravity of offence, nothing can be said whether that pertained to the personal interest of the complainant or to ensure enforcement of law & order by the state. The querist has not given even a slightest hint about the offence.