cpc

case u/s 156(3) for harassing


I have worked in an Organisation for 14 Years. It was an Travel ageny.

In 2011 the Director of The said Agency had planned & defaulted the agency with a tune of Rs.13.30 Cores. 

after that just to avoid the legal hassels, he off his name from the travel trade. i was looking under the new name & style and as per his direction.

during Sep 2011 onwards he transferred approx 50 lakhs shares from his demat a/c. to my demat a/c. to play future on Stocks.

by Nov 2012, these shares future game incurred a loss of almost 60 lakhs, 

he suddenly denied that these were out of his knowledge transaction & i have to bear all these 

on his un due pressure and threating me, i resigned on 28th dec 2012. 

on 07.01.2013 he with some people came to my residence and forced me to write on blank paper and also took the original title deed of our flat which is in the name of my wife. 

we through our lawyer sended a letter on 11.01.2013 with all facts and asked him to return the original title deed, but the same was not replied.

he is just spreading wrong for me in the market.

on 7.02.2013 he filled an application u/s. 156(3) falsely to haress me 

please inform how do i handle all these

 
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please see below

 
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Most of the cases the Court and the Polce authority take cognizance u/sec.156(3) Cr. P. C. without any investigation,if the case already registered then you should get anticipatory bail.You should lodge a counter complaint to the Police and higher authority of Police then file a Writ Petition in High Court against the police athority with party added to the Director of the said company as private respondent.

 
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Lawyer in Hyderabad.wats app no.9989324294

Mr. Vikash,

he powers of Magistrate are not expressly mentioned in section 156 (3) of Cr.P.C. If that be so, a paucity will be crept mind that whether there is an implied power in the Magistrate under Section 156(3) Cr.P.C. to order registration of a criminal offence and /or to direct the officer in charge of the concerned police station to hold a proper investigation and take all such necessary steps that may be necessary for ensuring a proper investigation including monitoring the same or not.

That too, an aggrieved person has right to claim that the offence he alleges be investigated properly. However, The Hon'ble Supreme Court held in CBI & another vs. Rajesh Gandhi and another 1997 Cr.L.J 63 (vide para 8) that no one can insist that an offence be investigated by a particular agency.

The Classification Of Magistrates:
Before discussing the powers of Magistrate under section 156 (3) of Cr.P.C, it is necessary to understand the categories of Magistrates in our country. The classification of Magistrates is given in the Code of Criminal Procedure,1973. It stipulates that in each sessions district, there shall be

· Executive Magistrates
· Judicial Magistrate of Second Class
· Judicial Magistrate of First Class; and
· The Chief Judicial Magistrate

Inasmuch as section 156 (3) of Cr.P.C says that '' Any Magistrate empowered under section 190 may order such an investigation as above mentioned''., we must understand section 190 of Cr.P.C. an aggrieved person has right to claim that the offence he alleges be investigated properly. 

 
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