156(3)
Querist :
Anonymous
(Querist) 26 December 2011
This query is : Resolved
what will be the maximum time limit to get register FIR through MM court in u/s 156(3) after the incidence occurs and if police deny to register a FIR .
Thanks
Devajyoti Barman
(Expert) 26 December 2011
It differs from state to state, court to court but two weeks time is generally taken.
Shonee Kapoor
(Expert) 27 December 2011
There is no fixed time.
The court may decline to register FIR, then you may go higher up.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
dev kapoor
(Expert) 27 December 2011
FIR is to be registered by police on the direction of Magistrate in terms of S.156(3) & not by the Court.If,however, the Magistrate refuses to order registering of FIR,options are open in terms of S.190 & 202 Cr.P.C.Indeed refusing to forward application u/s 156(3) to police to register FIR is interim order,therefore no revision lies.
Regarding 'limitation/time factor',nowhere in the Code or Rules time limit is prescribed but unwanted delays are impermissible,so an aggrieved can approach the same Magistrate for a word of caution to police agency,though courts usually do not interfere in investigation process.
Advocate. Arunagiri
(Expert) 27 December 2011
The court may take some time to order.
The police will register FIR, within few days of receiving the court order u/s 156(3) cr.p.c.
N.K.Assumi
(Expert) 27 December 2011
Under 156 (3) Magistrate can direct investigation but not empowered to direct registration of FIR as that is the duty of Police, as such if the Police is failing in its duty approach the Superintendent of Police.
prabhakar singh
(Expert) 27 December 2011
SOME TIME CJM HIM SELF EATS 3 TO 6 MONTHS IN PASSING THE DIRECTION IS ALSO THE EXPERIENCE MANY TELLS.
Shailesh Kr. Shah
(Expert) 27 December 2011
There is no provision about time limit.So, It is totally depend upon discretion of the court.
Advocate. Arunagiri
(Expert) 27 December 2011
Mr.Assumi,
Direction to investigate includes direction to register FIR.
The moment the magistrate orders u/s 156 (3), the petition itself transgers into FIR, the role of the police is just to number it.
As per the Supreme court guidelines, the investigation starts with FIR and culminates with final report.
Deepak Nair
(Expert) 27 December 2011
There is no specific time limit. It depends on case to case.
N.K.Assumi
(Expert) 27 December 2011
With due respect to the view of advocate Arungiri, I must admit that Magistrial power under section 156 (3) differs from the power to direct investigation under section 202 (1).The first is exercisble at the pre cognizance stage and the second is at the post cognizance when the Magistrate is in sesin of the case.
Jainodin shaikh
(Expert) 25 January 2012
when the application discloses commission of a COGNIZABLE offence AND complience of Sec. 154(3) [information to the S.P. regarding the refusal by police to register FIR] then Magistrare has no power to refuse to issue directions u/s 156(3) of Cr.P.C. Magistrate can not convert the PRAYER sought in accordance with Sec. 156(3) into COMPLAINT.
Please note that COMPLAINT and APPLICATION u/s 156(3) are deferent!
As far as the time-limit required for obtaining THE DIRECTION is concerned; as soon as an application u/s. 156(3) is filed in the court of magistrate, he/she is expected to issue directions for registration of FIR; when the priliminary duty yo register FIR in cognizable offence is casted upon the police then there is no logic in wasting the time of court in keeping painding the application filed u/s. 156(3). the magistrate requires only to see that ; the offence alleged is cognizable one and concerned police faile to register FIR.
