Opposite parties and respondents.
Sumir
(Querist) 18 December 2009
This query is : Resolved
thanks for answering my past queries and PM, hope I am not pestering you much;
Now, my much of confusion is cleared, pertaining to sec 156(3) and 200 CrPC.(thanks to guidance by experts like you).
As per your advise it is best to file complaint u/s 200 CrPC along with application u/s 156(3) CrPC
Likewise there are 3 possibilities:
1. Complaint only u/s 156(3) CrPC
2. Complaint only u/s 200 CrPC
3. Complaint u/s 200 along with 156(3) CrPC.
The only problem I am facing is that the Opposite Parties/respondents(answer pertaining to each above 3 case required) has to be;
A. Police , who didn't registered the FIR
B. The accused, against whom FIR was not registered.
C. Any such person/authority who is important for the case.
Hope you understood the query..
Devajyoti Barman
(Expert) 18 December 2009
First of all please understand one thing that both the proceedings under sec.200 and 156(3) Crpc can not be initiated simultaneously. You have to first choose either of the two. In the complaint you have to array the persons as accused persons only those against whom you have any grievance or who are associated with the cause of action. Mere inaction of the Police to register the complaint does not make it liable to be prosecuted under the aforesaid proceedings.Any person not named in the complaint may be added as accused person in the aforesaid petitions.
adv. rajeev ( rajoo )
(Expert) 19 December 2009
sec 200 is for filing a private complaint in the court when the police didn't entertain your complaint.
You can file complaint u/s 200 r/w secs of IPC you cannot file a complaint under both the sections, you have to go either 200 or 156(3)
