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Dino Mackenzy (Delivery Head)     04 May 2014

Case laws for crpc 156 (3)

Hi All,

I am fighting against false dowry cases filed by wife against me and my family members.
A point wise brief history of a matter is as below:

  1. Smt.498a has filed FIR with Police under CrPC 154.
  2. Initially all defendants succeeded in getting Anticipatory Bail from Honorable Session Court on term that all defendants will remain present on particular date in front of Investigation Officer for doing cooperation in investigation.
  3. As per Court’s Order all defendants went to Police Station to meet IO however found that IO is absent. So, I called up IO and asked him to come to Police Station so that he can carry out investigation. However IO told me that he is out of a city and we can visit any of other Police Officers present during those work hours. So we met SHO and other police personnel present at that time. SHO asked us to go to home and concerned IO will call us later once he is back.
  4. After few days we got summons from honorable Session Court regarding a case filed against all defendants under IPC-439 in order to cancel anticipatory bail. Later we came to know that IO has issued letter that all defendants were not present in front of him as per court order and they did contempt of court.
  5. IO also appeared in person as a witness and submitted false statement in a Court that defendants were absent and he is unable to conduct investigation of all dowry cases.
  6. On this basis trail started into a court and at the end Session Court has cancelled AB for all defendants.
  7. My father got arrested because of false statements submitted by IO into a session court.
  8. Rest of all defendants has appealed against order passed by Session Court into honorable High Court. Honorable High Court has given a judgment in favor of defendants and set aside impugned order passed by Session Court for AB cancellation. In addition, honorable High Court has raised serious concern against order passed by Session Court and flagged it as patently illegal and perverse. Honorable High Court has also raised question mark against role of Police Department and concerned Police personals in this matter.
  9. In order to continue with the fight against legal terrorism and corrupted system (Police Dept.) defendants has submitted complaint u/s 156(3) in front of Magistrate of First Class court u/s IPC 199 and others. However Magistrate is asking us to file complaint into Session Court as he is not empowered to take an action in such a scenario as matter is concern with Order passed by Session Court.

I would appreciate your inputs on this matter. Does anyone point me to case laws for CrPC 156(3) in such a scenario. I have seen few judgments from honorable SC explaining power of Magistrate in the case of CrPC 156(3).

Please let me know legal possibilities in this scenario in order to file complain into First class court itself rather than moving to Session Court.

 

Many Thanks in advance!  



Learning

 3 Replies

ROHIT SHARMA (Legal Advisor )     04 May 2014

Dear Mr. Fighter,

1. Well, if the H.C. has set aside the order of the Sessions Court in cancelling the A.B granted earlier by the same court then such act of the H.C. should be rather seen as deliverance of  the ends of justice duly meted by the H.C. in your favor. 

2. In fact the I.O. should have sent you a notice u/s 41-A of Cr.P.C. to attend before him which he has not done  and hence the H.C. was able to assert that the Sessions Court ought to have seen this piece of evidence   before cancelling the A.B.

3. You see,  the issue that the I.O.  has had failed in his duties as not having issued a notice u/s 41-A Cr.P.C. to summons you all  before him or the Sessions Judge has erred in his order and hence some criminal action be taken against  the I.O. or the Sessions Judge by filing an application before the J.M.F.C. to invoke s. 156(3) of Cr.P.C. is not maintainable.  

4. If need be talk  to this lawyer with an understanding for paying post paid phone consultation charges.

Adv. Rohit Sharma.

(B.Sc. L.L.B. L.L.M.)

(M) : 098240347971.

E-Mail :  lawgate1349@gmail.com

Dino Mackenzy (Delivery Head)     04 May 2014

Thanks! 

I found interesting link on this matter and sharing herewith:

https://zulfiqarlegal.blogspot.in/2013/01/power-of-magistrate-us-156-3-of-crpc.html

 

Cheers,

dv (ghvhb)     05 May 2014

I think on guidelines provided by rohitji you can fight your own case as he has given you the juice concentrate now do your own rresearch and attack these corrupt officials

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