156(3) crpc

ajeet singh (Querist) 26 March 2016 This query is : Resolved
If magistrate treats 156(3) as complaint... what should i do? I don want to run this as complaint

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Devajyoti Barman (Expert) 27 March 2016
If charge sheet is not submitted then file an statement for withdrawal of charges. The police on that basis may file Final Report closing the case.
If the police refuses to do so then quashing remains only option.

SAINATH DEVALLA (Expert) 27 March 2016
Rightly advised and suggested by Sr Adv Barman.

Rajendra K Goyal (Expert) 27 March 2016
State material facts. In the given facts, agree with the advice from expert Devajyoti Barman.

Dr J C Vashista (Expert) 30 March 2016
The complaint cannot be filed and proceeded all alone u/s 156(3) Cr PC; i.e., it is an interlocutory application under the main complaint case u/s 200 Cr PC.
If the Magistrate has declined the application U/S 156 Cr PC to direct SHO to register FIR, he wanted/preferred and decided to inquire himself.
There is some vital information missing in the query, discuss with some senior local lawyer.

ajeet singh (Querist) 19 June 2016
Thanks all..

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