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Manjit Singh (NA)     31 August 2009

Application u/s 156(3)

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"?

 



Learning

 11 Replies

Sarvesh Kumar Sharma Advocate (Advocacy)     31 August 2009

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)     31 August 2009

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)     31 August 2009

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

plz. clearfy?

Manjit Singh (NA)     31 August 2009

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)     31 August 2009

satified!

K.C.Suresh (Advocate)     01 September 2009

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)     01 September 2009

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)     01 September 2009

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)     06 September 2009

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.

 

bhushan singh charan (advocate)     19 April 2011

mr raj ji  can u please  refer to few s c rulings which enable us to advice that for lodging F.I.Rprovisions under section 482 of crpc can invoked.  side traking provisions prescribed under section 156{3}of the crpc?

Shailendra prasad singh (Lawyer)     20 April 2011

please read with carefully

ITEM NO.10                 COURT NO.2               SECTION X

            S U P R E M E   C O U R T   O F   I N D I A

                         RECORD OF PROCEEDINGS

                 WRIT PETITION (CRL.) NO.68 OF 2008

(For Prel. Hearing)

LALITA KUMARI                                        Petitioner(s)

                      VERSUS

GOVT.OF U.P.& ORS.                                   Respondent(s)

(With appln(s) for exemption from filing O.T.)

Date: 14/07/2008  This Petition was called on for hearing today.

CORAM :

        HON'BLE MR. JUSTICE B.N. AGRAWAL

        HON'BLE MR. JUSTICE G.S. SINGHVI

For Petitioner(s) Mr. Pranesh,Adv.

                                             Ms. Mona Rajvanshi,Adv.

For Respondent(s)

           UPON hearing counsel the Court made the following

                               O R D E R

Exemption allowed.

Heard learned counsel appearing on behalf of the petitioner.

The grievance in the present writ petition is that the occurrence

had taken place in the month of May and, in that very month, on 11th

May, 2008, the written report was submitted by the petitioner before the

Officer In-charge of the concerned Police Station, who sat tight over the

matter.  Thereafter, when the Superintendent of Police was

-/2....- 2 -

moved, a First Information Report (for short “F.I.R.”) was registered.

Even thereafter, steps were not taken either for apprehending the

accused or recovery of the minor girl child. It is a matter of experience

of one of us (B.N. Agrawal, J.) while acting as Judge of Patna High

Court, Chief Justice of Orissa High Court and Judge of this Court that

in spite of law laid down by this Court, the concerned police authorities

do not register F.I.Rs unless some direction is given by the Chief

Judicial Magistrate or the High Court or this Court. Further experience

shows that even after orders are passed by the concerned courts for

registration of the case, the police does not take the necessary steps and

when matters are brought to the notice of the Inspecting Judges of the

High Court during the course of inspection of Courts and

Superintendents of Police are taken to task, then only F.I.Rs are

registered. In large number of cases investigations do not commence

even after registration of F.I.Rs and in case like the present one, steps

are not taken for recovery of the kidnapped person or apprehending the

accused person with reasonable despatch. At times it has been found

that when harsh orders are passed by the Members of the Judiciary in a

State, the police becomes hostile to them for instance in Bihar when a

bail petition filed by a police personnel, who was accused was rejected

by a member of Bihar Superior Judicial Service, he was assaulted in the

Court room for which  contempt proceeding was initiated by Patna High

Court and the erring police officials were convicted and sentenced to

suffer imprisonment.

-/3....- 3 -

On the other hand, there are innumerable cases that where the

complainant is a practical person, F.I.Rs are registered immediately,

copies thereof are made over to the complainant on the same day,

investigation proceeds with supersonic jet speed, immediate steps are

taken for apprehending the accused and recovery of the kidnapped

persons and the properties which were subject matter of theft or

dacoity. In the case before us allegations have been made that the

Station House Officer of the concerned Police Station is  pressurising the

complainant to withdraw the complaint, which, if true, is a very

disturbing state of affairs. We do not know there may be innumerable

such instances.  

In view of the above, we feel that it is high time to give directions

to Governments of all the States and Union Territories besides their

Director Generals of Police/Commissioners of Police as the case may be

to the effect that if steps are not taken for registration of F.I.Rs

immediately and copies thereof are not made over to the complainants,

they may move the concerned Magistrates by filing complaint petitions

to give direction to the police to register case immediately upon

receipt/production of copy of the orders and make over copy of the

F.I.Rs to the complainants, within twenty four hours of

receipt/production of copy of such orders. It may further give direction

to take immediate steps for apprehending the accused persons and

recovery of kidnapped/abducted persons and properties which were

subject  matter of theft or dacoity.  In case

-/4....- 4 -

F.I.Rs are not registered within the aforementioned time, and/or

aforementioned steps are not taken by the police, the concerned

Magistrate would be justified in initiating contempt proceeding against

such delinquent officers and punish them for violation of its orders if no

sufficient cause is shown and awarding stringent punishment like

sentence of imprisonment against them inasmuch as the Disciplinary

Authority would be quite justified in initiating departmental proceeding

and suspending them in contemplation of the same.  

Keeping in mind these facts, we are of the view that notices

should be issued to Government of all the States and Union Territories

besides Director Generals of Police/Commissioners of Police as the case

may be.

Issue notice to the Chief Secretaries of all the States and Union

Territories and the Director Generals of Police/Commissioners of Police,

as the case may be, to show cause as to why aforesaid directions be not

given by this Court.

Notices may be sent to the parties by Fax and it should be

mentioned therein that the order has been put on the Website of the

Supreme Court of India so that they may file response without loss of

time.

Let the Registry place this order on the Website immediately on

receipt of the file so that the concerned authorities know about the same

and that the person concerned may file response within the time

granted hereunder .

Three weeks' time is allowed to file response.

Place this matter on 8th August, 2008.

 


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