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Raman (student)     20 January 2013

156(3) crpc -whether remedies needs to be exhausted??

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??


 2 Replies

Rahul Kapoor (Legal Enthusiast)     20 January 2013


under 156(3) magistrate can only order investigation at precognizance stage.

one application should be moved at a time.

sorry dear your query is quite vague.

can you please elaborate .



Chetan Joshi (Advisory/Advocacy)     21 January 2013

199 rw 200 and 156(3) are two entities. One lets the magistrate take cognizance of the offense and the other orders for investigation. If investigation is ordered under 199 200 or the application is accepted then 156(3) should not hold good..






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