Sandeep Naik (Advocate) 19 May 2016

Criminal revision for section 156(3) of cr.pc.

The Private Complaint was filed against the election procedure adopted by a body who won the said election . The trial court observed that there appeared som material for investigation u/s 156(3) of CRPC.1973 to the concerned police station.

The Respondents wen for Criminal Revision which was allowed by the Hon'ble Session Court and the order os the Trial Court was set aside. and asked the Trial Court may invokeprovision of Sec. 200 of CRPC. to proceed further in the said matter .

Whether the said order is proper ? Can it be challanged under Writ ? It was a private complaint because it was difficult for the complainant to collect the necessary evidence and so order was necessay 156(3). If such practice is allowed then every accused in the private complaint will go for the Revision and harass the complainant. What is the remedy . Expert advice is necessary.

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5 Replies

adv.raghavan (Advocate,9444674980) 20 May 2016

If the case is for concealment or suppression of facts, at the time of filing nomination , yes lower court do have jurisdiction. Writ jurisdiction depends upon the ground.

P. Venu (Advocate) 20 May 2016

It is unwise to make any suggestion unless all the facts and cirumstnaces are known and assessed and the Order of the Sessions Court is seen.

Pradeep 22 May 2016

The moot question is whether the violation by respondent is in category of cognizable offence or not. If not, then a proceeding vide provision of 200 CrPC seems to be just and justifiable course. If it is unambiguously a cognizable offence the court would have taken course of 156(3) and order a police inquiry. If your case holds merit , it wont matter in the long run, as far as final outcome is concerned. The mechanism is meant to save the defendants from undeserved harassent of police inquiry or action, and increasing the workload of police in cases which are not overtly cognisable prima facie.Under 190 and 200 CRPC also the magsitrate can issue process under section 204. Unless exact nature fo offence is known and the weight of evidence supporting such allegation is known it shall b hard to surmise the rightful dispensation.

T. Kalaiselvan, Advocate (Advocate) 24 May 2016

It is not an outright rejection by the sessions court, however if there is any grievance to the extent of getting addressed through writ petition and worth of it, you may proceed.