Cr.P.C. 156(3)

Querist : Anonymous (Querist) 22 September 2010 This query is : Resolved
n an Private Complaint, the JMFC has passed an order under 156(3)and submit Report of Investigating Officer (Police). The Complainant is claiming to be an Officer bearer of a Society registered under the Society's Act 1860 and Bombay Public Trust Act, 1950 and as per the Schedule I the Complainnt name is not at all appearing. Perhaps a Change Report is pending before the Charity Commissioner. The Accused are the bonafide Office bearers or Executive Body who are required to espouse the cause of the Society.

1) Is it not required to know the legal status of the of the Complaint before passing the said order 156 (3)?

The Complainant has relied upon the bogus documents claiming membership and acting as an office bearer?.

2) Is it not the complainant is impersonating himself ?

3) Can the Accused approach High Court under section 482 to quash the FIR though this is not filed yet or set aside the order of the JMFC passed under 156(3)

The experts openion this regard may please be given at the earliest as the matter is urgent? Many thanks in advance.

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Raj Kumar Makkad (Expert) 22 September 2010
1. No. There is no legal requirement to first assess legality of the complaint and to entertain it. Every citizen of India has got right to lodge his complaint as it is written with the police station and it it refuses then this process can be adopted through criminal court as done in the referred case.

2.How a complainant is personating himself is a new term raised by you. It is a constitutional right provided to the complainant whereas it is enquired after it is lodged and if complaint is found false, such person is liable for prosecution under section 182.

3. The action over order of the JMFC under section 156 (3) Cr. PC remains very fast and police report is lodged and thus no occasion arises either coming the accused in picture or to get it challenged before report is lodged.

So far as quashing under 482 is concerned, it can be availed by accused if prima-facie accused my establish his innocence.

Devajyoti Barman (Expert) 22 September 2010
1. The answer is mixture of yes and no.It depends upon the circumstances. Only when the Magistrate is not sure about the identity of the complainant then only he could ask for his status.
2. This is not clear to me.
3. Quashing depends upon the merit of the case and I am not aware of the merit of your case.

Ajay Bansal (Expert) 23 September 2010
AGREE WITH BARMAN IN THIS MATTER.

pawan sharma (Expert) 28 September 2010
i do agree with Mr. Barman.

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