Can a criminal case be initiated by a petition to magistrate

This query is : Resolved 
 

(Querist)
17 October 2018

Police and Superintendant of Police / DGP not registering a case of cognizable offence on me. Nor they rejecting or returning my complaint back to me, nor they initiating any action u/s 182 on me. AT THIS JUNCTURE, can I initiate a Criminal Case on the Opposite party by a direct Complaint/Petition stating facts and evidence, upon affidavit at the Chief Magistrate / First Class / Executive Magistrate Court ? IF so under what section should my petition be filed under? Please guide.


Isaac Gabriel (Expert)
17 October 2018

Yes. You can get direction to the police for registering FIR from the JM by filing Private case.

Mr Sreejit (Querist)
18 October 2018

Isaac Sir, is it through petition u/s 156 (3) CrPC ?

Dr J C Vashista (Expert)
18 October 2018

Yes, it is 156(3) Cr PC, if there is some truth in the story, prima facie it is an examination paper.

N.K.Assumi (Expert)
18 October 2018

Yes, you may file a complaints to the First Class Judicial Magistrates under section 200 of the Criminal Procedure Code, which is registered as Criminal Complaint Registered case under Chapter XV of the Code.

A. A. JOSE (Expert)
18 October 2018

Yes, complain under S 200 of the Cr.PC to the JMFC

Surrender K Singal (Expert)
20 October 2018

While deciding 156(3) Magistrate may like to proceed u/s 200 thereby avoiding police involvement



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