Petition under 156(3)crpc
Guest
(Querist) 09 October 2011
This query is : Resolved
1.Can we file a complaint before M.M. against the state under 156(3)for registration of case?
2. Either,Can we move a petition under 482 CRPC before High court against the state for the same cause?
ajay sethi
(Expert) 09 October 2011
no you cannot move high court under section 482 . you have many alternative remdies
if police is not investigating offencethen you file complaint with Supdt of Police .
if no action is taken you then file complaint with magistrate under section 156(3)
In Sakiri Vasu vs State Of U.P. And Others, it was further held that when someone has a grievance that his FIR has not been registered at the police station and/or a proper investigation is not being done by the police, he rushes to the High Court to file a writ petition or a petition under Section 482 Cr.P.C. And further held that the High Court should not encourage this practice and should ordinarily refuse to interfere in such matters, and relegate the petitioner to his alternating remedy, firstly under Section 154(3) and Section 36 Cr.P.C. before the concerned police officers, and if that is of no avail, by approaching the concerned Magistrate under Section 156(3).
- it was further that ''If a person has a grievance that his FIR has not been registered by the police station his first remedy is to approach the Superintendent of Police under Section 154(3) Cr.P.C. or other police officer referred to in Section 36 Cr.P.C. If despite approaching the Superintendent of Police or the officer referred to in Section 36 his grievance still persists, then he can approach a Magistrate under Section 156(3) Cr.P.C. instead of rushing to the High Court by way of a writ petition or a petition under Section 482 Cr.P.C. Moreover he has a further remedy of filing a criminal complaint under Section 200 Cr.P.C. Why then should writ petitions or Section 482 petitions be entertained when there are so many alternative remedies?''
Guest
(Querist) 09 October 2011
thanks a lot Sethi sir.
Can we make state through commissioner of police, a party in the complaint filed before M.M. under section 156(3)CRPC?
kuldeep kumar
(Expert) 09 October 2011
IN WHAT CONTEXT U WANT TO MAKE STATE PARTY.DOEST IT AMOUNT HIS OFFICIAL ACTS OR NON OFFCIAL ACTS.
Guest
(Querist) 09 October 2011
state means concerned police officials
Kiran Kumar
(Expert) 09 October 2011
My friend Mr. Sethi is right that in view of Sakiri Vasu judgment, the complainant is supposed to take alternative remedies.
However, this question has recently been referred to larger bench of SC in Lalilta Kumari's case...in Lalilta Kumari's case the interim directions have been issued to all the States to ensure the FIRs are registered in all the cases where commission of cognizable offence has been received....SC took concern of the matter that influential people have been able to get the FIR registered whereas common man is not given proper treatment.
Since these are interim orders, the HC may not follow these orders.
so better would be to approach the Magistrate for this purpose.
kuldeep kumar
(Expert) 09 October 2011
I HAVE NOT ASKED WHAT DOES STATE MEANS.I ASKED SOMETHING ELSE.
Biswanath Roy
(Expert) 09 October 2011
CRIMINAL OFFENSE IS AN INDIVIDUAL OFFENSE A STATE CANNOT BE LIABLE FOR THATL I AGREE WITH MR. SETHI.
kuldeep kumar
(Expert) 09 October 2011
biswanath roy ap karte kya ho.i mean r u advocate.or for what purpose u joined this site
kuldeep kumar
(Expert) 09 October 2011
sethi sahab ke sath kyu agree hue aap.samajh me nahi aya mere
