CrPC 156: Whether Section 200 Complaint necessary?

Advocate-on-Record Supreme Court of India

An application u/s 156(3) Cr PC had been filed long back asking direction from MM to direction to police to investigate a cognigable offence. At the fag end, Ld. MM puts question as to why Section 200 private complaint was not filed along with S. 156(3) application. The simple query is that whether it is mandatory that Section 200 private complaint had to be filed along with S. 156(3) application? Does S. 156(3) CrPC mandates a condition precedent that Section 200 private complaint is also to be filed. Its an URGENT query. If experts in the forum pens their view, we shall be greatly obliged.

Thanking in anticipation.

 
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advocate

Not at all. Both are totally different things. Investigation would be going on . Check the progress report if it is sent in the court. If police files final report you would have an option open to protest and to apply under Sec 200 there after.

 
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Practicing Advocate

 It depends upon the gravity of the offence. Actually the magistrate can take cognizance of the offence u/s 190(3) upon information received from any person other than a police officer that such an offence is committed and order an investigation u/s 156(3). But when the FIR is not filed and a private person wants the magistrate to order an investigation u/s 156(3) it is better to file a private complaint u/s 200 crpc first and make an application in it seeking directions to the police.


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Advocate

Yes, I agree with archana ji.

 
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ADVOCATE & DIRECTOR

 NOTHING WRONG IN FILING A COMPLAINT UNDER CrPC 200 AND AS PER THE OFFENCE THE MAGISTRATE MAY DIRECT THE POLICE UNDER 156(3)( SINCE U R ASKING THE INVESTIGATION ALONG WITH. )

 
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practicing advocate

sec 200 of cr.p.c.is for filing private complaint.  If it is not mentioned nothing wrong.

 
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ADVOCATE

there is no such mandate. both provisions are speaking about different things..

when magistrate takes cognizance u/s 190(1) (a) cr.p.c. then he proceeds to examine the complainant u/s 200 cr.p.c. and here, subsequent to taking cognizance there can be no investigation u/s 156(3) cr.p.c.

but when magistrate order investigation u/s 156(3) cr.p.c. and police file report u/s 173 cr.p.c. then Magistrate take cognizance u/s 190(1) (b) and  proceeds as per provisions of sec. 204 cr.p.c. and here, subsequent to taking cognizance there can be further investigation u/s 156(3) cr.p.c. and further charge sheet may be filed by police u/s 173(8) cr.p.c.

gravity of offence has nothing to do with these legal provisions..

there are many authorities over this topic...

plz let me know if any other view is available as per law...

 
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Lawyer

well there is no mandation to file complinant US 200 along with section 156(3) however you have not mentioned the offences and its bit dificult to answer if the offence is bailable and noncognizable then better course is to file pvt complinat US 200 on the other hand at this stage magistrate has no power to direct the aplicant or complianat to refuse to entrtaint compliant US 156(3) or to ask to file compliant SU 200 CrP.C you should wait for completion for investigation what police do and in case they submit cancellation report then go for protest petition because it is a compliant

 
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first of all know diffrence between purpose of u/s 156(3)&200 in the context of facts and circumtances disclosure.in prior it yet to be undisclosed some but in later all known by aggrieved person/complainant.MM can treat your u/s156(3) application as complaint.if both run concurrently its decided acoordingly u/s 210 cr pc

 
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Advocate

There is no need of a petition u/s 200 because the order u/s 156(3) Cr.P.C is on the petition supposed to be filed U/s 200.

 
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