U/s .156(3) cr.p.c
Pradeep Kumar
(Querist) 17 July 2014
This query is : Resolved
Hello All,
I have filed petition against my two file second F.I.R under U/s .156(3) Cr.P.C
Already my wife and her father arrested and remanded in Judicial custody for 8 days under IT ACT 66A,67A and sec4
Now again my sister filed complaint in court directly ,
Order:Directed deputy commissioner to take necessary action and file a report with in 20 days
My question:
1.whether Police file FIR ?or they will give some reasons
Devajyoti Barman
(Expert) 17 July 2014
What is the nature of complaint of your sister. if offence is same then FIR even if registered will be tagged with your case.
ajay sethi
(Expert) 17 July 2014
agree with Mr barman
Rajendra K Goyal
(Expert) 18 July 2014
All depends upon the nature of complaint, agree with the experts.
Pradeep Kumar
(Querist) 18 July 2014
Hello All,
Already we have explained about first F.I.R in our petition and filed in different grounds after so much of consideration magistrate passed order to file report U/S 156(3) C.r.PC .
The same magistrate remanded my wife and her father ,she well aware of case .
Note: The first F.I.R register based on my fathers complaint for the incidents before April 2013 and after that we have filed 11 complaints for the incidents happened after April.
Our prayer to the court to file second F.I.R.
Somewhere I have read that as per Supreme court order U/s 156(3) c.r.PC police has to register F.IR and investigate the matter ?
Raj Kumar Makkad
(Expert) 18 July 2014
You are correct that the police has to lodge FIR and has to investigate it thereafter as per procedure.
T. Kalaiselvan, Advocate
(Expert) 19 July 2014
On the application u/s 156(3), the Magistrate will direct concerned police to investigate and register FIR, if necessary, so it will again depend upon the investigation officer. He may, as usual due to money influence of your father in law and his daughter and also due to his personal vengeance against you, may give a report against your complaint, hence better to have a proper track about it, in case if it is the same person(Inspector) who had troubled you earlier.
Pradeep Kumar
(Querist) 19 August 2014
Hello All,
With reference to above matter as excepted Police didn't file F.I.R U/Sec 156(3) C.r.pC .instead of that they have prayed to dismiss the order on the following grounds.
1.This complaint can be incorporate with first F.I.R
2.It is double work for the Police if they register second F.I.R
3.To pressurize the accused to withdraw the case against my family members and abusing process of Law
4.Dismiss the order
MY QUESTIONS:
1.This is the private complaint filed by my sister under Criminal O.P.C .Whether Police having power to ask Judge to review the order ?
2.Police saying that to pressurize the accused we are asking second F.I.R to withdraw the case against us.4In my point of view I would say that Police acting favor to accused? Is it right?
3.As per my understanding if judge given direction U/S 156(3) Police has to register F.I.R but here they are praying to dismiss the order. whether Police can challenge the Court order?
NOTE:I have filed WRIT against Police and based on that Court has taken action against Police before we file this Petition
Regards,
Pradeep
Raj Kumar Makkad
(Expert) 20 August 2014
As you writ is still pending, you are required to wait for its outcome otherwise your sister is free to persue her private complaint under section 200 of Criminal Procedure Code before the concerned court.
