Petition under 156(3)

rajendran (Querist) 11 December 2010 This query is : Resolved
A assaulted by B,C,D,E and F with deadly weapon and sustained injury - she took treatment at government hospital for the period of 10 days and she dischraged. A lodged complaint before the concerned Police station. The Inspector refuse to receive the complaint and A sent Complaint before the concerned District S.P. No action. A filed Petition under 156(3) of Cr.P.C. after long adjournment the Learned Judicial Magistrate Passed order like " Complainant present Petition perused and forwarded to the Inspector of Police for necessary Action" The Counsel of the A made a submission to the Hon'ble Magistrate to directing the Respondent/Inspector to registered an F.I.R. and submitted the final report on or before a particular date. But the magistrate refused the same and she told that she has no power to directing the Respondent/complainant to register a case. Whether it is correct or not? Order of the Concerned magistrate is speaking order or not? what are the remedies available to A. If it is any relevant citation please

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Devajyoti Barman (Expert) 11 December 2010
What the Magistrate is saying- reisteriin a case or reistering the FIR.The Magistrate can not force the police the give a case against the accused person. It can only give direction to the police to make necessary investigation after treating the complaint as FIR.However, if you are aggreived by the order then you could challenge the same to the sessions court or the high court under its revisional jurisdiction.

Arun Kumar Bhagat (Expert) 11 December 2010
From your statements it appears that the magistrate is not learned but an idiot. The vague order can be interpretated as for registering an FIR i.e. necessary action. The magistrate has not examined the complainant under Sec.200 Cr.P.C so the said vague order can not be termed as an order under section Sec 202 Cr.P.C. The said magistrate needs foundation course. We have to bear with this sort of incompetent Judicial officers till the national Judicial commission is formed.

Arvind Singh Chauhan (Expert) 11 December 2010
Yes the order is vague.

Advocate. Arunagiri (Expert) 11 December 2010
I differ. Once the magistrate forwards the complaint to the SHO, the complaint transgers as FIR. It is the duty of the police to number it. The police has no option.

ashish lal (Expert) 11 December 2010
agree the order is vague

Guest (Expert) 12 December 2010
I agree with Mr Arunagiri. once the application has been sent under section 156 (3) Cr.P.C. to the concerened police station for necessary action, i dont think its vague order...... police is duty bound to register it... if still police not register it thn file an application before same magistrate for calling progress report fr concerned police station.

s.subramanian (Expert) 12 December 2010
I agree with Mr.ajitabh

SAANJAAY GUPTAA (Expert) 12 December 2010
Yes, I also agree with Mr.Arunagiri, if the complaint u/s 156(3)sent to police office for necessary action, police registered it as F.I.R and start investigation.

Raj Kumar Makkad (Expert) 12 December 2010
I also agree

Kumar Krishan Agarwal Advocate (Expert) 12 December 2010
1. Oh My God what happened to the Magistrate state of mind that he pulling his hands for passing an order for registering the FIR and completing the investigation with in 3 months from the date of registering an FIR. What gender type of Magistrate he is ?

2. Filed a revision before session court for passing wrong order and not passing appropriate order as you mentioned in the prayer but passed against the the Law in Cr.P.C which is no where it stand in law.

3. If I were in place of that Magistrate I passed for registering an FIR and do investigation with in 3 months other wise I'll take it necessary action under Sec 166 of IPC against that SHO.

Petition under 156(3)

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