Complaint under section 156(3)
RAJESH CHOPRA
(Querist) 11 October 2013
This query is : Resolved
Dear Sir, A person filed a false complaint under section 156(3) against me to harras me and with intention not to repay my money. Police report was in my favour. MM did not allow the complaint under sec 156(3) & asked the complainant to lead evidence. The complainant did not produce any evidence and also did not appear on 4 occassions. Finally MM dismissed the complaint and asked the file to be sent to record room after due compliance.
I would like to know Can the complainant again raise his head on the same matter under any provisions of law.
Raj Kumar Makkad
(Expert) 11 October 2013
One the complaint has been dismissed, it cannot be filed on the same cause of action.
prabhakar singh
(Expert) 11 October 2013
Though difficult but a recall of order he can seek for on reasonable grounds if he has?A revision is his another remedy?
Mayank Kumar Advocate
(Expert) 12 October 2013
yes, complainant can do this again provided that with new ground and evidence. he has option.
Rajendra K Goyal
(Expert) 12 October 2013
Well advised by the experts, nothing more to add.
vijay poonia
(Expert) 12 October 2013
dismissal of the complaint can be done under section 203 cr.p.c. which does not bar any second complaint. however the judicial pronouncement on the issue of the second complaint says that the second complaint can be filed only in the event of the exceptional circumstances. kindly refer the judgment at
AIR 2010 SC 659
AIR 2003 SC 702
therefore, the magistrate can proceed with he second complaint only if the complaint sufficiently proves that the initial order of the dismissal was manifestly absurd, unjust and was based on incomplete record and there are exceptional circumstances to file the second complaint.
vijay poonia
(Expert) 12 October 2013
dismissal of the complaint can be done under section 203 cr.p.c. which does not bar any second complaint. however the judicial pronouncement on the issue of the second complaint says that the second complaint can be filed only in the event of the exceptional circumstances. kindly refer the judgment at
AIR 2010 SC 659
AIR 2003 SC 702
therefore, the magistrate can proceed with he second complaint only if the complaint sufficiently proves that the initial order of the dismissal was manifestly absurd, unjust and was based on incomplete record and there are exceptional circumstances to file the second complaint.
Raj Kumar Makkad
(Expert) 12 October 2013
The circumstances provided by the querist do not suggest filing of second complain on the same facts and cause of action so AIR 2010 SC 659 won't work.
We should not forget that the reply is meant for the layman and not to lawman.
vijay poonia
(Expert) 12 October 2013
the factual matrix as given by the author suggests that the complaint had not been dismissed on the merits but due to non appearance of the complainant, to me dismissal due to non prosecution is not a decision on the merits of the case, besides lodging of FIR on the same facts for second time is something different from filing of second complaint on the same facts if first was dismissed due to non prosecution. however your suggestion regarding the specifications of reply is valuable and needs to be followed .
RAJESH CHOPRA
(Querist) 14 October 2013
Dear Sir's :
Please advise if the revision or recall of order is sought by the complainant for the complaint dismissed due to non prosecution and non appearance (as advised by you all learned counsel') . Then is there any time limit within which one has to proceed for revision or recall of an order.
ABDUL RAZIQUE
(Expert) 14 October 2013
yes, the complainant has to proceed for revision if have proper cause for this act.
RAJESH CHOPRA
(Querist) 14 October 2013
Dear Sir
I want to know . Is there any limit in terms of days / months within which complainant has to file for revision or he has unlimited time .
Thanks
prabhakar singh
(Expert) 14 October 2013
NO!For revision you have simply 90 days time,and for doubtful recall only 30 days dear!
ABDUL RAZIQUE
(Expert) 15 October 2013
Nothing more to add after this advice.
Sarvesh Kumar Sharma Advocate
(Expert) 12 October 2013
