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Discussion > Criminal Law > Procedure > Application u/s 156(3)   Unanswered Threads Post New Topic

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There are 11 Replies to this message


Manjit Singh


NA
[ Scorecard : 74]
Posted On 31 August 2009 at 19:26 Report Abuse

Hi, I need to file an application in a district court directing the police to act on my complaint and register a case.  I have lots of evidence that a cognizable offense (in this case, theft) was committed but the police are dragging their feet.

Two questions:

1.  Is the application going to be u/s 156(3) or u/s 200.  Some people say (and I am not convinced) that 156(3) is court's direction to the police, the application can only be u/s 200.  Is that correct?

2. Who should be the respondents in my application?  The accused, or the SSP, or both?  Or should it be just the SHO of the police station?  Or should I leave it to court to frame the respondents and I should just say the respondent is the "State"?

 



Sarvesh Kumar Sharma Advocate


Advocacy
[ Scorecard : 13941]
Posted On 31 August 2009 at 19:52 Report Abuse

if u want to file applicatn u/s-156(3)cr.p.c. then first u send a ragisterd post to ssp and tn file d application & in yr applicatn also mantion dt d police can only find d evidence & recover if u will not mantion such prey dn it can be go 4 register as complaint case u/s-200 cr.p.c.


Manjit Singh


NA
[ Scorecard : 74]
Posted On 31 August 2009 at 19:56 Report Abuse

I have already filed a complaint, then sent multiple emails and faxes to the SSP (which are attached in the complaint file in the police station), and also filed two RTIs within the last two months.  The first RTI response has revealed that the police is making preliminary enquiries only.  The second RTI response is awaited.

 

Do you still advise sending a registered post to SSP?  Or to meet the SSP personally?


Sarvesh Kumar Sharma Advocate


Advocacy
[ Scorecard : 13941]
Posted On 31 August 2009 at 20:02 Report Abuse

manjit  ji, u file complait u/s-200 cr.p.c. or applicatn 156(3)cr.

plz. clearfy?


Manjit Singh


NA
[ Scorecard : 74]
Posted On 31 August 2009 at 20:05 Report Abuse

I am confused by conflicting advice.  Some people tell me the application has to be u/s 156(3), others tell me it should be u/s 200.


Sarvesh Kumar Sharma Advocate


Advocacy
[ Scorecard : 13941]
Posted On 31 August 2009 at 20:12 Report Abuse

satified!


K.C.Suresh


Advocate
[ Scorecard : 8188]
Posted On 01 September 2009 at 04:07 Report Abuse

Dear Manjit,

What is 156(3) of Cr.P.C (Code)

(3) Any Magistarte empowered U/s 190 may order such an investigation as in 156(1) and (2) of the Code.

What is S.190 of the Code: It is dealing with cognizance offfences by Magistarte.

What is 200 of the Code: Examination of complainant by a  Magistarte taking cognizance of of an offence on complaint shall examine on oath the complainant an the witnesssspresent ....... .

District Court is defined in Section 6 of the Code as Sessions Court.

You may also go through the schedule 1 of the Code.

Your case as per Cr.P.C is to be filed before the court which is athorised to take cognizance of the offence as per schedule 1 of Cr.P.C


K.C.Suresh


Advocate
[ Scorecard : 8188]
Posted On 01 September 2009 at 04:12 Report Abuse

Dear Manjit,

What is 156(3) of Cr.P.C (Code)

(3) Any Magistarte empowered U/s 190 may order such an investigation as in 156(1) and (2) of the Code.

What is S.190 of the Code: It is dealing with cognizance offfences by Magistarte.

What is 200 of the Code: Examination of complainant by a  Magistarte taking cognizance of of an offence on complaint shall examine on oath the complainant an the witnesssspresent ....... .

District Court is defined in Section 6 of the Code as Sessions Court.

You may also go through the schedule 1 of the Code.

Your case as per Cr.P.C is to be filed before the court which is athorised to take cognizance of the offence as per schedule 1 of Cr.P.C


PARTHA P BORBORA


advocate
[ Scorecard : 2420]
Posted On 01 September 2009 at 13:48 Report Abuse

there is no law in india on the strangth of which a criminal court or a district court can either interfare  with the investigation conducted by police or direct the police. in this situation u may file the copmplain before a magistrate u?s 200 Cr.P.C. and pl inform the court that  an FIR was lodged at the p/S. court will call for a report from the police. police shall informed the court about the pogress of investigation if the case is registered and if police has not registered the case yet, the court will proceed with ur complain.

u may file Writ before the High Court concerned too.


B.N.Rajamohamed


advocate / commissioner of oaths
[ Scorecard : 520]
Posted On 06 September 2009 at 12:02 Report Abuse

Mr.Singh,

It is the proper procedure to file a petition under section 200 Cr.P.C. in which you can seeek your relief under section 156(3) Cr.P.C. for a invetigation and registering the case by the police. Section 156(3) has too be invoked by the court alone we are not entitiled to file a petition under the section directly.

In your petition you have to implicate the accused as well as the inspector of police as respondents

for other procedures what mr.Borbora says is correct at the same time you can file an application under section 482Cr.P.C. before the high court seeking direction for registration and investigation of the case.

 


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