Querist :
Anonymous
(Querist) 19 June 2010
This query is : Resolved
Sir, A application U/S 156(3) filed by me in the court of M.M for order to Police to register the case U/S 498 A, IPC. But Court ordered to register the case as a complaint case. I want's to go to high court to quash the order. can you sugges me any RULLING of supreme court that the application of 156(3) cannot be register as a complaint case.
Raj Kumar Makkad
(Expert) 19 June 2010
It s the discretionary power of a judicial magistrate either to accept the application or to treat the same as a complaint case as has been done in your case.
Devajyoti Barman
(Expert) 19 June 2010
No there is no such decision. You rather not press that application and after waiting for some time again try your luck.
G. ARAVINTHAN
(Expert) 20 June 2010
Your case is registered. If no investigation takes place, then you seek direction from court for speedy investigation
J K Agrawal
(Expert) 20 June 2010
Dear sir You can not move an application under s156(3).
Your application is under section 190(1)(C)and it is the only provision to file a complaint before a Magistrate.
After that either a Magistrate order to police to investigate the case under s 156 (3) or he can inquire himself under S. 200 and 202.
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