Section 156(3)
Saju
(Querist) 07 October 2016
This query is : Resolved
Had filed a private complaint with the court of add. Magistrate on Feb 2016 after the police failed to register FIR.
Subsequently the magistrate ordered the Bangalore police to investigate and submit report in 10 days. However on the 10 th day magistrate further gave 3 more months to the police on their request. After 3 months police further asked for more time for which the magistrate gave another 4 months time to Bangalore police thereby pushing the next date to Feb 2017.
I am surprised. I approached the court since the police was not registering FIR since the last 6 months. Now court delayed the request for another 1 year. This is worse experience than police lethargy. Spent lot of personal time and money for getting justice. But the court has ironically made the process of getting justice even more frustrating.
Saju
(Querist) 07 October 2016
No clarity on how to proceed except arranging huge sums of money for payment to advocates as 100 % advance fees.
Saju
(Querist) 07 October 2016
What are the options now. Do we have a provision of placing our grievance against such unsatisfactory handling of our case by the courts
Saju
(Querist) 07 October 2016
What are the options now. Do we have a provision of placing our grievance against such unsatisfactory handling of our case by the courts
Saju
(Querist) 07 October 2016
The judge passed order to Bangalore police under section 156(3). However police has not filed FIR till date. I am not able to understand how the magistrate is allowing the police to defy supreme court order dated 2006 wherein police has to file FIR on the same day of receiving order u/s 156(3) and postponing the dates.
cherukuri prasad
(Expert) 07 October 2016
You should file a protest petition before the same magistrate that police are not investigating or you can file a writ petition in high court. Law is never weak. We simply don't apply it.
Nadeem Qureshi
(Expert) 07 October 2016
Dear Querist
As per your information, the court pass an order for investigation and not registering the FIR, it is the discretion of the court to get an status report of the case from police before passing an Order on your complaint U/s 156(3) of Cr.P.C.
It will be better to immediate file a writ petition before HC under Article 226/227 of Indian Constitution for speedy justice.
Feel Free to Call
Rajendra K Goyal
(Expert) 07 October 2016
Has your lawyer objected for giving further time?
What was the submission pf police while asking more time?
What are the views of your lawyer?
Court cases are time and money consuming, if you wish you may proceed to High Court as advised by the expert Nadeem Qureshi.
Saju
(Querist) 07 October 2016
Thanks a lot for the useful response. I am also trying to get the details of what happened in the court that convinced the judge to further postpone the case. My lawyer is not sharing the exact details.
How can I get the details on what transpired in the court that day. Not sure. Unfortunately not getting the basic info from my advocate as they keep telling me that this is normal
Kumar Doab
(Expert) 07 October 2016
Be in court on next date.
You have been appropriately guided by the experts.
Rajendra K Goyal
(Expert) 07 October 2016
May remain present in court on next date.
Guest
(Expert) 08 October 2016
Hi Saju,
Can you explain what exactly was the issue on which you wanted to file FIR and had to file application under section 156(3) on which issue the add. Magistrate is giving extension to police?
Guest
(Expert) 08 October 2016
Mr. Saju,
However, your statement, "How can I get the details on what transpired in the court that day. Not sure. Unfortunately not getting the basic info from my advocate as they keep telling me that this is normal," is absurd and totally unbelievable. That clearly indicates that your story is nothing except a part of hypothetical academic query.
If your advocate is not keeping you aware of the basic info, why you are tied with him? Change him without any delay.
Rajendra K Goyal
(Expert) 08 October 2016
If your lawyer not providing information, you can proceed to change him.
Kumar Doab
(Expert) 08 October 2016
Visit court on next date.
Change your lawyer if you are not getting information,support.
Saju
(Querist) 08 October 2016
Yea. Thanks so much for the help. Will keep you posted.
Saju
(Querist) 08 October 2016
Should I also inform the registrar of high court informing how the magistrate can keep postponing dates by 1 year, thereby defeating the purpose of moving court when police already wasted 6 months and now due to the magistrate, it will be 1.5 years and still no FIR filed so far.
Guest
(Expert) 08 October 2016
Only your new lawyer can suggest after properly analysing your case.
Saju
(Querist) 08 October 2016
For a cognizable offence detailed with documentary evidence to the police as well as magistrate, if no respite is given to the complainant even after 1.5 yrs of which the court is yet to give relief even after 1 year of filing the case by simply giving postponement, then is it not a systemic derailment of justice. It adds to the common man's belief that justice in India is like a myth. It only exist for a few. For the rest, it is beyond reach.
Guest
(Expert) 08 October 2016
No comments on your query, "then is it not a systemic derailment of justice."
You are unduly trying to stretch the thread of your academic query.
Even otherwise, if there is really any substance in your description, nothing can be said without going in to details of the trial, which you have not discussed anywhere in the thread.
Better get your case examined in detail by some capable lawyer and get his advice or hire his services.
Dr J C Vashista
(Expert) 09 October 2016
I agree with the expert advise of Mr. PS Dhingra, your query is academic, hypothetical and unbelievable.
Consult another lawyer, if your query/case is true and correct.
Kumar Doab
(Expert) 09 October 2016
Share your feelings with your own counsel and presiding officer.
It is said;
Bang the law;if you are strong on law.
Bang the facts;if you are strong on facts.
Bang the table;if you are weak on both.
Saju
(Querist) 26 November 2016
I had a series of communication with the police superiors including DCP.
As per the police department they have not received the Pcr court order u/S 156. The police has said that my advocate can easily check the court register to find the police station to which this order was despatched.
However my advocate is saying that it is not their job. And in desperate mail confirmed that the copy is with the police station.
In short the court order has been passed since June 10 2016, but FIR not filed as police says that they have not received the copy. On the other hand advocate is saying it is not their job.
I am surprised by the lack of support from my advocate. Inspire of court orders I am not getting any relief. I do not know what to do now.
Saju
(Querist) 26 November 2016
The case is in bangalore
