if 156(3) appeal rejected what next step.
Jayesh Kumar
(Querist) 07 July 2011
This query is : Resolved
All Experts,
If a 156(3) is rejected by the Court and thereafter even the appeal is rejected then can it still be treated u/s 200 CrPC as a complaint case?
Regards,
prashant pundhir
(Expert) 08 July 2011
Under sec.156(3)cr.p.c.,it is not necessary that the magistrate always order for the police invastigation .He can record the statement of 200cr.p.c.,if he finds any happening of any cognizable offence .
In your case,application u/s 156(3)cr.p.c. rejected,so now it will not be treated as a complaint case .
PALNITKAR V.V.
(Expert) 08 July 2011
If the prayer in the complaint was only for 156[3] and nothing else, then perhaps, the magistrate may not proceed to record statements. But if 156[3] was one of the prayers and the other prayers or the body of the complaint shows that the complainant also wants the court to exercise its other powers then the magistrate may proceed to make further enquiry. So it depends on the contents of the complaint.
Ajay Bansal
(Expert) 08 July 2011
Agreed with palnitkar v v in this query.
Raj Kumar Makkad
(Expert) 08 July 2011
It is difficult to be agree with palnikar and Ajay Bansal on the subject that if only prayer of 156 (3) is made in the complaint and it is if rejected then the complaint shall also be got dismissed automatically.
Sir, 156 (3) Cr. P.C. prayer is separately made along-with complaint to be dealt under section 200 Cr. P. c. so no question arises making only single prayer of 156 (3) and thus no occasion to dismiss the complaint on that ground.
PALNITKAR V.V.
(Expert) 08 July 2011
It depends on how a complaint is drafted. It is possible that the place where Mr. Makkad practices, other prayers are also generally made in the complaint besides prayer u/s 156[3] hence, he must be under impression that complaint will not get automatically dismissed. But here in Maharashtra, one will find so many complaints wherein prayer only under sec. 156[3] is made. Does law prohibit to make prayer only u/s 156[3]? If there is any such prohibition I would like Mr. Makkad to quote it. However one may go through the following ruling 2006(1) Bom.C.R.(Cri.) 906
S. Bharath
(Expert) 08 July 2011
Palnitkar VV is right.
Guest
(Expert) 08 July 2011
it is also the discretionary power of the magistrate that he can reject the application of 156(3) and he will deal it under section 200 of Cr.p.c it is generally done and the complaint is not dismissed
Arun Kumar Bhagat
(Expert) 09 July 2011
I disagree with Mr.palnitkar v v and agree with Mr. Makkad.A complaint can only be dismissed u/s 203 Cr.P.C. So in order to dismiss the application u/s 156(3)the magistrate has to first proceed for 200 then only the complaint can be dismissed. On rejection of prayer u/s 156(3) the magistrate
shall treat it as complaint case.
dev kapoor
(Expert) 09 July 2011
Hi everybody here,
It appears friends have approached the proposition with required ingenuity but we are oblivious that in 156(3) it is the APPLICATION only It has nothing to do with S.203.However,if it is treated as a COMPLAINT, Magistrate can invoke S.203.Mr.Jayesh,there is no bar for filing a fresh COMPLAINT.In that event Court may proceed u/ss.190,200,202.
Advocate. Arunagiri
(Expert) 09 July 2011
Dear Author,
On what grounds the complaint was rejected?
Jayesh Kumar
(Querist) 12 July 2011
All Experts,
Indeed thankful to share ur very valuable opinions.
156(3) appeal thankfully not rejected however it has been treated into a complaint case with the reason recorded that the complainant knows everything about the incident and seems to have the necessary evidence so it is not necessary to direct the state police to conduct any investigations.
Now there are many aspects where in we don't have evidences, we do not know where the persons named are living, we cannot bring them to witness, there are many things for which there are no evidences.
Also, it is impossible even with the the limited evidence that we have the prosecution can be done.
Jayesh Kumar
(Querist) 12 July 2011
All Experts,
I have an EXTREMELY tough criminal and civil case at NOIDA. If any1 can come down to NOIDA please message me ur numbr or post in the forum. Money is no issue.
Reagrds,
PALNITKAR V.V.
(Expert) 14 July 2011
No one has expressed any views on the ruling quoted by me. The ruling is very eloquent on the point.
