Petition u/s 156(3) before magistrate

Ranganath (Querist) 08 September 2012 This query is : Resolved
Ld Counsels,

Due to inaction of police complainant moved a petition u/s 156(3) for direction to police to register a case. Magistrate after a delay of one year examined the complainant took sworn statement.

Will this amount to taking cognizance, complainant wants to examine additional witness, what is the remedy avaiable to get a process issued, should the process be issued before examining additional witness,
is there still an option of directing police to register a case.

Kindly clarify. Thanks

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Adv Archana Deshmukh (Expert) 08 September 2012
By examining the complainant the magistrate has taken the cognizance of the case as a complaint case. The complainant can examine the other witnesses now. The magistrate shall issue process if he feels there is sufficient grounds to proceed in the case against the accused.

Ranganath (Querist) 09 September 2012
Is it mandatory to move a petition to examine other witnesses. magistrate insisted on list of witnesses and is not entertaining petitions.

is it atleast possible to examine other witnesses after issue of processes.

thanks in advance.

PARTHA P BORBORA (Expert) 09 September 2012
it is not necessery to examin other witnecess until and unless court directs u to do so. He may take cognigence or may direct you to produce another witness.