Procedure for 156(3) Cr.P.C

Querist : Anonymous (Querist) 20 May 2011 This query is : Resolved
Counsels,

What is the procedure to be followed by a magistrate in a petition u/s 156(3) with a prayer to direct the respondent police to register FIR.

Police have filed a report (not to the magistrate) with registeing any FIR and closed the complaint and sent a report u/s 168 of CR.PC.

Will the magistrate proceed to treat the petition as complaint u/s 200 and examine the petitioner or will he only direct police to register FIR if there is a prima facie case rejecting the 168 report of the police. The complainant want the case to prosecuted by the State.

Please clarify, Thanks.

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Advocate. Arunagiri (Expert) 20 May 2011
The report u/s168 cr.p.c. can not be filed before the court. The report u/s 173 has to be sent to the court.

You have to file a protest petition challenging the Police Report. The court is having the discretion of taking up the case as a private complaint or not. You can not compel the police to file a charge sheet.

PARTHA P BORBORA (Expert) 20 May 2011
Yes, you cannot compel the police to file a charge sheet. If there is no sufficient incriminating material against the accused, police will file a finale report and in that situation Court shall issue a notice to the informant of the FIR, directing him to appear and to file objection, if any fixing a date. after perusal of the objection petition court may accept it and direct the police to reinvestigate the case.

Querist : Anonymous (Querist) 20 May 2011
When FIR itself is not registered will the court ignore the prayer for it and look into the matter itself

What value does the police report hold in this matter
It is just a closure report u/s 163

Please clarify

PARTHA P BORBORA (Expert) 21 May 2011
if the FIR is not registerd question of fileing a charge sheet of a finale report dose not arise at all.

Advocate. Arunagiri (Expert) 21 May 2011
Once the court gives a direction u/s 156(3), the SHO has to register the case (FIR). If they failed to do so, you can initiate contempt of court on that SHO.

M/s. Y-not legal services (Expert) 22 May 2011
Yes am agree with above experts.

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