withdrawal of application under section 156(3)
Siddhartha
(Querist) 03 February 2018
This query is : Resolved
Res. Experts,
I filed a complaint before police regarding offences involving sexual harassment and ongoing victimization of the victim.
As per trend, police didn't do anything.
I filed an application under section 156(3)before MM.
MM called upon ATR from SHO and he replied that the matter doesn't fall under jurisdiction of his police station. Obviously the police is not understanding the matter deliberately in a bid to avoid their duty, under collusion with the culprits. Police did not mention any cause for not registering the case. Neither, they enquired about anything.
police also pointed out a fact in my complaint, that I previously filed an application under section 156(3) in year 2008 regarding same offence, while the present complaint has no connection with that case and the offences reported vide the present complaints were not even in existence at that time.
I just mentioned the fact that, the victim is being victimized since filing of the complaint in 2008 regarding sexual harassment before court.
Pertinently their is a provision of zero FIR in sexual harassment cases.
I have taken adjournment in the matter.
Now, My question is that,
1) can I withdraw the application filed under section 156(3) and file a fresh complaint before police, precisely pointing out the offences going on under their jurisdictional area.
2) if I don't withdraw the complaint, what are the options before MM? ?
3) Can I file another complaint before police after decision of MM??
Please guide me, I shall be thankful.
Vijay Raj Mahajan
(Expert) 03 February 2018
You point out to the MM that the offence is continuous ever since 2008 , the Police is supposed to take cognizance and register it as zero FIR even if the matter concerns out of their P.S. jurisdiction and refer it to the P.S. of concerned jurisdiction. There is no question of withdrawing application u/s 156(3) Cr.P.C. because the MM has powers to pass appropriate order and even register the matter as private criminal complaint and start with the investigation by itself.
