Related 156(3) cr.p.c.

Querist : Anonymous (Querist) 28 August 2011 This query is : Resolved
Res Sir,

Can revision/ Appeal lie when any judicial magistrate dismissed the application of 156(3) Cr. P.C. for lodging the FIR

Is any citations of Supreme Court:
Thanks

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kuldeep kumar (Expert) 28 August 2011
revision lies for not entertaining application but for not entertaing nothing lies.

Guest (Expert) 28 August 2011
IT WILL NOT OPERATE AS A BAR. FILE FRESH COMPLAINT U/S 200 Cr.P.C. YOU CAN ALSO SEND THE COMPLAINT TO SUPERINTENDENT OF POLICE. ALSO MOVE U/S 482 OF CR.P.C. BEFORE HIGH COURT

prabhakar singh (Expert) 28 August 2011
Expert : S.GANESAN.LAWYER rightly opined.

Advocate. Arunagiri (Expert) 28 August 2011
On what grounds the magistrate dismissed the complaint?

Based on this info I can give my reply.

Querist : Anonymous (Querist) 28 August 2011
Res Sir.
we have given all dues money regarding as un registered agreement but the opposite party want more money. Thereafter he and his relatives are threaten, abuses,beaten and detained in wrongful confine to me. I have also produced medical certificate and representation to the concerned police officer but they do nothing so we move an application before the judicial magistrate but court has dismissed my application of 156(3) Cr.p.c.on the payment basis ground and small injuries. So now what remeady for me?

Advocate. Arunagiri (Expert) 28 August 2011
It seems that the magistrate had formed a opinion, that it is civil in nature and a criminal colour is being given.

If you have strong evidences to prove the wrongful confinement etc, initiate the private complaint. Produce all the evidences to the Magistrate. If you can prove the prima facie case, the court will pass suitable order.

If you have attempted to s.420 on that person, you can not succeed.

Surrender K Singal (Expert) 28 August 2011
Even Supreme has opined that matter of Civil nature may not be considered under IPC / CrPC ?

girish shringi (Expert) 28 August 2011
I do agree with Mr. Ganeshan.

SAANJAAY GUPTAA (Expert) 28 August 2011
I agree with tHe above experts.

Querist : Anonymous (Querist) 30 August 2011
Res sir,
I think the case must be consider/ treated as a complaint suit.There are many citations/ order of the Hon'ble High Court as well as Apex Court.Kindly provide me the details.

Guest (Expert) 30 August 2011
yes it is a complaint made to a magistrate. but only if prima facie case is made out then only the complaint will be forwarded to police to investigation/ to file report/ to register FIR.
kindly check with the link for your need.

http://www.indiankanoon.org/doc/1006723/
http://www.indiankanoon.org/doc/451249/

Shastri J.K. (Expert) 02 September 2011
I also agree with S.GANESAN.LAWYER.

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