anonymous (seller) 13 May 2010

non registration of FIR in kidnapping case

Dear Sirs,

In an attempt to kidnapping case of 8 year old girl, the complaint is lodged in police station. The police acknowledged the complaint and gave D.D. number. But they have not registered the FIR and arrested the accused named in the complaint despite repeated requests. Now my question is:

1.Whether Section 156 (3) Cr.P.C. application independently lies before the M.M.

1. Whether a private complaint case under Section 200 Cr.P.C. has to be filed along with application under Section 156(3) has to be filed.

I filed earlier one post with the same querry. But I have not got sufficient responses. Please respond and thank you very much in advance.

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3 Replies

(Guest)

if you satisfy the Ld. MM then you will get the order u/s 156(3) OF cR.pc. THEN YOUR FIR WILL BE REGISTERED BY THE POLICE

Anmol Sharma (advocate) 13 May 2010

Dear Anonymous,

Even if the contents of the daily diary (Roznamcha) reval the contents of a cognizable case, then DD entry it self becomes the FIR... Meet the SP and ask him to take action under law or take the copy of the DD entry call for status report from your High court... Also wait for others lawyers comments

N.K.Assumi (Advocate) 13 May 2010

The two sections 156 and 200 are independent and operate in different circumstances. 156 operate before cognizance and 200 after post cognizance by directing investigation under 202(1) CrPc.. Under 156 Magistrate can direct investigation prior to cognizance under 156 (3) even in cases exclusively triable by a Court of session. Your complaint has been acknowledge by the poice and gave you DD and the reasons that the accused is not arrested by the police is maybe because of the amendment in the CrPc in section 41 of the CrPc which says that police can arrest an accused if the offence is punishable for more than 7 years with or without fine. Approach the MM and appraised him of your complaint to the police Station with the DD given to you by the Police.