Ram lal Jat 25 March 2024

COMPLAIN TO MAGISTRATE UNDER 156(3) CRPC

ONE PERSON COMPLAIN TO POLICE AGAINST ME TO POLICE(LAST TWO YEAR HE SUBMIT MANY COMPLAIN ) NOT LODGE FIR BECAUSE NO OFFENCE MADE OUT BUT NOW HE LODGE COMPLAIN TO MAGISTRATE UNDER 156(3) OF CRPC .
NOW POLICE CALL ME AND WANT TO TAKE STATEMENT .
WHAT WILL NEXT PROCESS .

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Quick Summary

If a complaint has been filed with a Magistrate under Section 156(3) of the CRPC, the police may summon you to provide a statement. It's crucial to understand the next steps, whether an FIR is registered or not. If an FIR is filed, obtaining bail and cooperating with the investigation is paramount. Consulting with a legal professional is highly recommended to discuss your defence and explore options like anticipatory bail or a petition under Section 482 of the CrPC, especially if multiple previous complaints have been made.

6 Replies

Pradipta Nath (Advocate) 25 March 2024

If FIR is registered, your first and foremost work is to obtain bail and comply with the investigation process. Obtain the 156(3) petition, the original writen complaint and the FIR certified copy from the court and discuss your defence with a lawyer.

Ram lal Jat 25 March 2024

SIR POLICE KE LIYE FIR REGISTERED KARNE SE PAHLE INVESTIGATION JARURY HOTA HAI YA NHI YE JANNA HAI .YA PHIR FIR REGISTERED HONE KE BAD HI POLICE INVESTIGATION KAR SAKTI HAI .

T. Kalaiselvan, Advocate (Advocate) 25 March 2024

If you have been summoned by court you may visit the police station, cooperate with the police, give your statement.

There's no urgency to get enlarged on bail, hence wait for the police to submit their report to court

Pradipta Nath (Advocate) 25 March 2024

If it is related to cheating or fraud, preliminary enquiry is mandatory before lodging of the FIR.

T. Kalaiselvan, Advocate (Advocate) 26 March 2024

It depends, whatever, on receipt of complaint, the police will inquire into the complaint and would decide to proceed or to close it if prima facie no offence is made out

ADVOCATE MOHAMMAD AMAAN (Lawyer ) 28 March 2024

First get the details of the present FIR and if you have apprehension that you would be arrested if you visit Police Station. Then you must hire a good lawyer and either file anticipatory Bail Application or a Petition u/s 482 of Code of Criminal Procedure before the concerned High Court. And take ground of earlier complaints filed against you, as you mentioned in your query.