Case under section 156

Querist : Anonymous (Querist) 01 September 2011 This query is : Resolved
There was a case filed on my friend under section 376/511. How ever, after enquiry police turned doen this case into section 354 as no evidences of section 376 were found. After that the chargesheet was filed in the court under section 354 only. Today was the first date on which my friend appeared. Today we have come to know that the complainent has filed a case under section 156 in the court.

What is actually section 156 and what could be the case and what could be the consequences for it.

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Devajyoti Barman (Expert) 01 September 2011
It means the magistrate has directed again to investigate.

Guest (Expert) 01 September 2011
The provision is only enables the complainant to file complaint about an offence to a magistrate in order to take action. Normally afraid of police and their procedures aggrieved seeks the help of court in this type of matters.

Raj Kumar Makkad (Expert) 01 September 2011
I do agree with both experts.

Advocate. Arunagiri (Expert) 01 September 2011
It seems the police had already registered the case and investigated. They have dropped some sections and filed chargesheet for some offenses.

Under the circumstances, the court will not allow a fresh petition seeking police investigation u/s 156(3).

Ravikant Soni (Expert) 01 September 2011
when police has filed charge sheet of same incident then it is not open to police to reinvestigate the same offence. However further investigation of same incident is on different footing.

Your friend should go for quashing of second FIR under 482 of CrPC before concerned HIGH COURT.

Querist : Anonymous (Querist) 01 September 2011
Can maegistrate order to arrest my friend on the basis of this case?

prabhakar singh (Expert) 01 September 2011
I agree with experts

Devajyoti Barman (Expert) 02 September 2011
Yes police can arrest.

Raj Kumar Makkad (Expert) 02 September 2011
Police has every power to arrest in the light of given facts.

Querist : Anonymous (Querist) 02 September 2011
Police can arrest even if thebail is already granted.?

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