156(3)crpc
harish sharma
(Querist) 21 September 2013
This query is : Resolved
If the SHO of police station involve in the crime and when we file a complaint of sho before higher authorities (DC or IG )for registering a fir agaist accused person along with sho of the police station ,but no action be taken by the higher authorities then can we file a complaint under section 156(3)before illaka magistrate and made a co accused to SHO concern police station
C.V.Kansara
(Expert) 21 September 2013
There is no provisoon to file cp. U/s. 156(3). U can file a complaint before jmfc who may register it after due procedure and send it to police for inquiry to police u/s. 202 cr.p.c. or court may inqire itself. Magistrate may send it to police for investigation u/s. 156(3) of cr. P.c. . In this case police will have to fir u/s. 154 & investigate the matter.
S.B.adil rahman
(Expert) 22 September 2013
Well, if the SHO is not recording a case or if his top boss is neglecting to register the case, why do not you file an F.I.R with the SP under section 166A IPC for the refusal. The S.P in his capacity as the Officer-in-Charge of the P.S u/s 36 CrPC is legally obliged to register the case.
harish sharma
(Querist) 25 September 2013
sarves k sir
what 155(2)says
V R SHROFF
(Expert) 25 September 2013
Q:
what 155(2)says
ANS :
155(2) No Police officer shall investigate a Non- cognizable case without the order of a Magistrate having power to try such case or commit the case for trial.
