VIJAY K. TEOTIA (ADVOCATE) 05 October 2017

Application under 156 (3)

Can an application under section 156(3) of CrPC be converted into complaint case on the application/request of the applicant, on the ground that despite repeated reminders by the court asking for ATR from the concerned police station, the police is not sending the same.

Can the applicant file application before the court to treat his application as complaint under section 200 and proceed further as a complaint case?

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6 Replies

Vijay Raj Mahajan (Advocate) 05 October 2017

Yes. Usually the application u/s156 Cr. P. C the court by its own discretion converts it into complaint case and start with investigation at it's own level by recording of the complainant and the witnesses.

Nitish Banka (lawyer) 05 October 2017

Yes it will get converted in Section 200 CrPC

Siddharth Srivastava (Advocate) 05 October 2017

The petition u/s.156 (3) it self is a complaint but as such Cr. P. C. does permit to carry any such ammendment. However, it does not restrict the court to treat the petitionas complaint and to proceed with the matter.

VIJAY K. TEOTIA (ADVOCATE) 05 October 2017

Thanks to all

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