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156(3) CrPC

(Querist) 06 September 2010 This query is : Resolved 
a police officer denied to take FIR, SP also didn't take action positively, The victim applied to THE Chief Judicial Magistrate for registeration of FIR u/s 156(3) of CrPC. the CJM rejected the prayer. What remedy left for the victim.
Devajyoti Barman (Expert) 06 September 2010
The complainant can challenge the order to the higher court or file the complaint again under section 200 of crpc.
prakash vathore (Expert) 06 September 2010
file a private complaint.
Kiran Kumar (Expert) 06 September 2010
i agree with Mr. Barman, but it will be better to approach the HC first.
R.Ranganathan (Expert) 06 September 2010
In my opinion also it is better to approach HC than challenging the CJM's order. Anyway it is better to mention the same in the HC's Petition.
bhupender sharma (Expert) 06 September 2010
when the alternative remedy is available there is no need to approach the High Court. The magistrate can take the cognizance under section 190 Cr.P.C.and follow the procedure as suggested by my learned colleauge Mr. Barman.
M/s. Y-not legal services (Expert) 06 September 2010
You have two options.. You may go to high court and can get direction on the police officer to file f.i.r and take to investigate that matter. Or you may file a private complaint under section 200 of cr.p.c against the police peoples. But second one is better choice. As an advocate i not satisfied with 156 (3) cr.p.c. Its a useless provision.
nayan joshi (Expert) 06 September 2010
i m agree with mr. Bhupender Sharma
Ajay Bansal (Expert) 07 September 2010
Arvind Singh Chauhan (Expert) 08 September 2010
I do agree with Bhupendra Sharma Sir.
M/s. Y-not legal services (Expert) 08 October 2010
Me too..

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