Whether remedies needs to be exhaus ted before moving complaint to 15693) crpc

Raman (Querist) 20 January 2013 This query is : Resolved
Dear Sir,
I have file the complaint under section 190 read with 200 of CrPC and I request orally with magistrate to transfer the same to the concerned SHO for investigation

The magistrate first asked me whether I have file the FIR to the concerned PS which I declined
The magistrate informed me that in the absence of the application under section 156(3) he cannot order the investigation and give me next date of hearing for pre summoning evidence and examination of the complainant
Now i will like to adduce the application of 156(3) with main complaint

whether its necessary that one should exhaust his remedies before moving complaint to the magistrate or complainant can direct file the complaint to the magistrate? Any case law affirming the same?

whether application of 156(3) can be moved in between before the magistrate should take the cognizance of offense by examining the witnesses??

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Devajyoti Barman (Expert) 20 January 2013
Yes you have first lodge complaint with Police and then application u/s 156(3) crpc.
You can not ask investigation u/s 200crpc though the court may ask for report from police u/s 202.

prabhakar singh (Expert) 20 January 2013
When ever an offence is committed the victim is expected to lodge an FIR in concerned police station.But when police refuses to lodge senior police officers should be apprised in writing and if inaction continues
application u/s 156(3) should be moved.

Raman (Querist) 20 January 2013
Barman sir,
whether additional application under section 156(3) will solve the purpose, so that the magistrate before taking cognizance of offense may direct the police to lodge the FIR??

S. Bharath (Expert) 20 January 2013
There is nothing in the statutes that one has to lodge first information u/s 154 CrPC before approaching a Magistrate either under S. 190 or under S. 156[3] CrPC. It is only a matter of convenience and to avoid docket explosion, our courts have ruled that one has to exhaust these options before approaching the Magistrate. Once you approach a Magistrate, three courses are open to him: [1] Take cognisance u/s 200 CrPC and issue process u/s 204; [2] Take cognisance, but postpone the issue of process and conduct an enquiry u/s 202 and then decide whether to issue process u/s 204 or dismiss the complaint u/s 203; [3] Direct the police u/s 156[3] to register an FIR and investigate the case and lay a final report. There is no need to make a separate application u/s 156[3]. It is up to the Magistrate to decide the course of action.