Section 156(3) allowed by the court but after one month no fir is registered
modassir nasim
(Querist) 16 April 2012
This query is : Resolved
In a complaint case of 498(a) on the 1st date a petition u/s 156(3) was filed and was allowed by the court whereby it was ordered that a copy of complaint petition be forwarded to officer in charge of P.S. so that he can register an f.i.r and investigate the case, and on the same day a copy was sent to P.S. But even after one month no F.I.R. has been registered.
1) My question is if i file a misc petition in court for reminder to the officer in charge of P.S. to register the F.R.I. can the magistrate order that leave the 156(3) and proceed with your complaint case.
2)If answer is in yes then what will happen to previous order of magistrate ,moreover magistrate has no power to recall its own order.
3)and if the magistrate recall its order then will he send a notice to P.S. to not register the F.R.I.
4)and if the magistrate orders to proceed with complaint case and leave 156(3)without sending any any notice to P.S. and in the mean time the P.S. also register a case and send to court then which case will be taken up.
Advocate M.Bhadra
(Expert) 16 April 2012
File a Petition u/s.210 Cr. P.C.to the same Court for for passing an order for direction to the Police to remind and re-investigate into the matter.
Shonee Kapoor
(Expert) 16 April 2012
You have no locus-standi in the said case as of now.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 16 April 2012
You have just to remind the court and the next course of action is to be adopted by concerned court.
Adv.R.P.Chugh
(Expert) 16 April 2012
Even if no directions are given for registration of FIR - on acceptance of 156(3) Police is under an obligation to register the FIR as per SC Decisions. Move the concerned magistrate again - and he'd direct.
M/s. Y-not legal services
(Expert) 16 April 2012
my friend nasim., i think you confused very much.,
just make it clear.,
-tom-
venkatesh Rao
(Expert) 16 April 2012
It is no where provided in a complaint referred by the court, the police have to submit FIR. Filing of FIR (other cases of complaint before police) at the earliest is to see that there is no scope for improvements and after thoughts. Where is any scope for such in a complaint referred by the court? However it is customary to file FIR.
modassir nasim
(Querist) 16 April 2012
Respected members ,
Plz reply my all 4 questions specifically.
Mr.Shonee Ji i agree with your view to an extent that since now a copy of complaint petition has been sent to P.S. for F.I.R. and i don't have locus -standi but till now F.I.R. is not registered so can i not file a reminder petition in court and if not then what is the option left with me? Filing of reminder petition gets force from the view point that i have the right to file a protest petition so in my view locus standi cannot be taken in strict sense.
Raj Kumar Makkad
(Expert) 17 April 2012
You have every locus-standi because the complaint is of you and until and unless the relief is not provided to you as sought, you shall remain in the category of victim.
