Withdral petition for sec 156(3) crpc

student

can i file withdraw, the  petition filed  u/s 156(3) crpc, by filing petition u/s 257 crpc. in the court. FIR NOT REGISTERED TILL NOW. onlyINVESTIGATION GOING ON IN police station.

 
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Consultant & Legal Analytic

No deviation can be made in the prescribed legal process, in the wake of Magistrate's order u/s 156(3).

By the way, why second thought after you approached the Magistrate for filing FIR and investigation by police?

 

 

 
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I am also of the same view, as that of Shri PS Dhingra.

 

 

 
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Consultant & Legal Analytic

@JIGYASU,

Thanks for agreeing with my views.

 

 
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Case instituted in court under police report cannot be withdrawn (like Fir) . Section 256 of Cr.p.c deals with the complaint made in the court(not in police station), which can be withdrawn if sufficient ground is given to the satisfaction of the court.
 
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Speaking out of the provision, to withdraw the case, go talk to the officer in charge of the police station for the withdrawal. It's only him who can withdraw the FIR if it is not registered.
 
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Consultant & Legal Analytic

Originally posted by : Tubeen
Speaking out of the provision, to withdraw the case, go talk to the officer in charge of the police station for the withdrawal. It's only him who can withdraw the FIR if it is not registered.

 

Mr. Tubeen,

By your above statement, do you mean to say that the Officer in-charge of a PS has the power to defy the order of a Magistrate under Sec.156(3) and can refrain from registering an FIR and the petition before the Magistrate under the said section can be nullified by the action of the Officer in-charge of a PS?

 

 
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student

 petition u/s 156(3) filed  ( for sec 420 ipc) and order for investigation passed by magistrate.  fir not registered till now . during investigation accused comes to settle the amount. before registering FIR can i file withdraw petititon before court by this compromise .WOULD THE COUT ALLOW  TO WITHDRAW OR AFTER FILING FIR , IF I FILE PETITION TO COMPUND THE OFFENCES  WILL BE ALLOWED

 
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Mr. Dhingra, No, Officer in Charge of PS can not defy the order of the Magistrate. Going by the statement of the Mr. kameswaran, FIR is not registered yet. So, if it is not registered, how can Magistrate pass an order for investigation.
 
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Consultant & Legal Analytic

Originally posted by : Tubeen
Mr. Dhingra, No, Officer in Charge of PS can not defy the order of the Magistrate. Going by the statement of the Mr. kameswaran, FIR is not registered yet. So, if it is not registered, how can Magistrate pass an order for investigation.

 

Mr. Tubeen,

Your response reveals, as if you are not well conversant about the provisions of section 156(3). You may better go through sub-section 156(3), make a review of your reply and give a serious thought up to what extent you are correct in your views.

.

 

 
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