Rahul Singhal (Finance Professional) 15 September 2016

Application u/s 156 (3) of CrPC

Dear Experts, Request for your advise on a situation. A lady filed a complaint for an offence committed against her which is punishable u/s 509 of IPC. The police did not register any case. The lady then moved to the court of Metropolitan Magistrate with an application u/s 156 (3). The magistrate issued directions to the concerned SHO to file status report. Now the investigation officer is asking the lady to give him a fresh statement about the offence. The lady denied for the same stating that she had already filed one complaint to police authorities and then to the ld. magistrate under CrPC. The IO then said that the application u/s 156 (3) is not to be considered now and the case will proceed on the basis of the fresh statement. Kindly advise what is the duty of the IO regarding status report sought by the ld. magistrate. Kindly also advise if the lady need to give fresh statement as asked by the IO. Thank you, Rahul Singhal

Reply Follow

3 Replies

Meenakshi (Lawyer) 15 September 2016

If a fresh statement is sought, then the application u/s 156(3) for investigation and directing to file F.I.R is allowed.

Please advice the lady to go give fresh statement to the I.O so that F.I.R can be registererd. Why is she avoiding to give statement. The status report is filed with the Magistrate which is not given to the complainant.

Rahul Singhal (Finance Professional) 15 September 2016

Dear Ms. Meenakshi, Thank you for addressing the query. I would like to inform you that the court at the first date directed the SHO to file the status report on the next date of hearing. On the next date the IO requested for more time citing reason that the investigation was not complete. The court allowed the time accordingly. Thus, it is not clear whether the application has been allowed for registration of FIR or not.