Fir u/s 156(3)
surrendernot
(Querist) 17 January 2013
This query is : Resolved
FIR registered on MM order in complaint under 156(3). MM monitored progress of police investigation by conducting proceedings for 4 years. Police IO filed status report before the MM.Accused not allowed by MM to appear in proceedings before MM. Complaint case dismissed after 4 years on ground of non prosecution and non appearance/non interest of complainant despite several notices for appearance. Dismissal order not challenged. After the complaint case dismissed, Police prepared closure report. Instead of filing closure report in MM court which ordered registration of FIR, police filed closure report in court of ACMM by concealing the proceedings in MM court. ACMM issued notice to complainant for appearance by unknowingly reopening the case again. Is this permissable in law? Does ACMM have jurisdiction to consider the closure report?
Raj Kumar Makkad
(Expert) 17 January 2013
In the given matter, a wrong procedure has been adopted but if the complainant has no interest in the case then there shall not be any material change.
Devajyoti Barman
(Expert) 18 January 2013
Give the facts is proper order. Some links are missing.
Guest
(Expert) 18 January 2013
Accused can challenge the process and illegality of the case before the ACMM by giving a reference to the dismissed case by the MM. He should place his request for quash on that basis before the ACMM.
Raj Kumar Makkad
(Expert) 18 January 2013
If the complainant still do not appear then there is even no need to further open a new front of litigation.
surrendernot
(Querist) 18 January 2013
Further facts of this case are that Complainant/husband who is an industrialist billionaire is harassing the accused/wife. Complaint u/s 156(3)is that the accused/wife has removed the documents and cash belonging to complainant, from her own matrimonial house of which she is the owner, where she is residing with complainant/husband since 1988 and is still residing there even now without any break. Complainant/husband has run away from the matrimonial house after lodging the complaint u/s 156(3). Complainant in connivance with police has managed the filing of police closure report in another court to reopen the case dismissed by the MM for harassing the wife.
ajay sethi
(Expert) 18 January 2013
draw attention of the court to repeated non appearance by complainant and dismissal of case by MM .
Raj Kumar Makkad
(Expert) 18 January 2013
Why have you not posted the entire facts in your initial query and why have you kept the relevant facts kept safe in your custody?
surrendernot
(Querist) 18 January 2013
I have used this forum for the first time for raising a query. I was under the impression that I have to limit my query to few words and I was also not aware of the relevant facts that were to be posted for seeking guidance in the matter. I am not a lawyer and have very limited knowledge of law. I am sorry if I have put any one to any trouble by posting incomplete facts initially.
Devajyoti Barman
(Expert) 18 January 2013
The facts are not clear to me as yet.
If the case is already dismissed then where is the opportunity of closure report by police?
Has the husband filed a new case after the closure of first case ?
Raj Kumar Makkad
(Expert) 18 January 2013
*Barman! The earlier complaint was dismissed in default whereas the closure report was produced before ACMM supressing the fact of dismissal of earlier complaint so the question is whether the police did follow the proper procedure and if not then what is the remedy before the husband who is facing harassment in the hands of his wife.
surrendernot
(Querist) 18 January 2013
Respected Sirs' There is a communication gap. I have not been able to communicate the matter in proper words. Fact is that the complaint case was filed by the husband against his wife u/s 156(3)in court of MM. The subject matter of the complaint is that the complainant’s wife has removed documents and cash belonging to complainant/husband, from their own house registered in the name of wife where accused wife is residing with complainant/ husband since 1988 in harmony, without any dispute and is still residing there even now without any break. Whereas the husband has run away from the matrimonial house after lodging the complaint. After conducting proceedings for monitoring the progress of police investigation for 4 years, the MM dismissed the matter for non-prosecution and repeated non-appearance of complainant despite issuing several notices for appearance of complainant, and police IO also stopped appearing before the MM on many dates of hearing and did not file either the closure report or charge sheet.In dismissal order MM recorded that the complainant is not interested in pursuing the complaint and consigned the file to record room. After dismissal of the complaint case police decided to file the closure report of the same FIR to harass the defendant/wife. Instead of filing the closure report of FIR in the Court of MM which ordered registration of the said FIR, conducted proceedings and monitored the police investigation process to ensure proper investigation and after appreciating all facts of the matter, finally, dismissed the matter, the Police IO who had been appearing in the proceedings before the MM in C.C. filed u/s 156(3) Cr.PC, and was aware of the final dismissal order; has knowingly and intentionally adopted a wrong procedure by illegally filing the closure report before ACMM to reopen a decided matter in an effort to cause harassment, mental torture and financial loss to the defendant/wife by misleading the ACMM. In the the closure report the IO has concealed the proceedings before the MM and has also concealed that the complaint case was dismissed by the MM. Present status of the matter is that the ACMM is not aware of the proceedings before the MM and has issued notice to complainant for appearance and further proceedings in the matter of the same FIR.
Raj Kumar Makkad
(Expert) 18 January 2013
Bring the concealment of facts on th epartof the police in the knowledge of the court and then wait for the outcome.
surrendernot
(Querist) 18 January 2013
I thank all the experts for helping me with their valuable guidance and am now confident of dealing with the matter succesfully. Thank you all once again.
