156 (3) crpc complaint dismissed


Hi,

There is a new development in the query I had already posted.

I had posted this earlier that my brother had filed a complaint in Jan 2012 first to police alleging that I had registered land using a forged POA in 1999. No FIR was registered and the police mentioned his complaint as doubtful in their report and did not register FIR. The complainant then filed an application under 156 (3) of crpc in the court of the judicial magistrate class 1 who dismissed the complaint after perusing the documents and mentioned in the order that this matter is purely of civil nature and that the criminal courts cannot be misused for such cases.

My question is that can a SP assign a CID inspector to investigate a matter on which the court has already pronounced an order or the only remedy for the complainant is sessions or high court. I am a bit worried that the police may unduly harrass me.

 
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Law Consultant

@Pushkar

 

As the court has clearly marked your case being Civil in nature, hence Police has no authority whatsoever to take-up further proceeding. Even if they do, you can challenge that in high-court by citing Majistrate's order.

 

You need not worry. However, Police in India is to harrass the innocent and not to protect them. Hence better would be that you keep yourself ready for action (if any).

 

All the best!

 

//peace

/Saurabh..V

 
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Advocate/ nadeemqureshi1@gmail.com

Dear Pushkar

only civil court has the power to do something in this matter

 
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