non-registration of FIR

Querist : Anonymous (Querist) 13 May 2010 This query is : Resolved
Dear Sirs,

In an offence of attempt to kidnap of 8 year old girl, the complaint is lodged in police station by the parents. The police acknowledged the complaint and gave D.D. number. But they have not registered the FIR and did not arrest the accused named in the complaint despite repeated requests. Now my question is:

1.Whether Section 156 (3) Cr.P.C. application independently lies before the M.M.

OR

1. Whether a private complaint case under Section 200 Cr.P.C. has to be filed along with application under Section 156(3).

Please respond and thank you very much in advance.

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Daksh (Expert) 13 May 2010
Dear Anonymous,
In my opinion Section 156(3) application is meant for the purposes of seeking direction from the Magistrate to the effect that the Police should register F.I.R and investigate as such under these circumstances Section 200 Cr.P.C. application is not required or this may be a separate remedy simultaneously but separately.
Best Regards

Daksh

Krishnamurthy Ramdas Iyer (Expert) 13 May 2010
offence u/s 369 of IPC is cognizable and non bailable.
it is suprising to note no FIR was lodged
A pvt compliant u/s200 to Magistrate of competent court may be filed.
Magistrate will direct police to investigate u/s 156(3).

Raj Kumar Makkad (Expert) 13 May 2010
I do agree with Iyer

G. ARAVINTHAN (Expert) 14 May 2010
you have two alternative reliefs

1. To file private complaint under Section 200 Cr.P.C

2. Approach High Court for direction to register the case

Davinder Khurana Ferozpur(Punj (Expert) 16 May 2010
Generally a pvt compliant u/s 200 to Magistrate of competent court is filed.
Magistrate will direct police to investigate u/s 156(3),If megistrate is convinced that it is beyond the capacity of complainant to produce the evidence/documents against accusd.
So in prayer of complaint u/s 200 you should convinced the megistrate that complainant could not bring evidence that is not is his power.

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