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S F KHATRI (Lawyer)     16 September 2012

Complaint to magistrate

1 herein had lodged a complaint against some one before the learned Judicial Magistrate First Class alleging commission of offence punishable under Sections 467, 468, 471, 504, 506(2), 406, 420 and 114 of the Indian Penal Code in accordance to that learned Judicial magistrate has pass the order of investigation under sec. 202. After investigation police has submitted the report against the accused that they have commited crime, so , I have placed application before magistrate under sec.156(3), because the police report was having some lacuna, which may fevaour accuse, but now the technical query is if once the magistrate has past order for inquary under 202 the he can not move to the 156(3) because it is a pre cognigence stage, so please advise me what to do.. is there any judjment ? HENCE THE COMPLAINANT IS OF THE AGE OF 70 YEAR OLD LEADY ... the accused in counterblast by political power has filed the same complaint against her... and the same hase been stayed by the GUJARAT HC in MCA.. Now I want to move against the accuse kindly advise me my friends.....


 2 Replies

H. S. Thukral (Lawyer)     16 September 2012

Dear Mr. Khatri

in my opinion the inquiry under section 202 is subsequent to proceedings under section 200, when the magistrate has examined complainant's witnessesand taken cognizance. Therefore inquiry under section 202 is additional inquiry which is post-cognizance stage and therefore magistrate can not revert back to 156(3).

However if on investigation by Police directed by magistrate under section 202 ,  the Police come to opinion that a cognizable offence has been committed it does not debar the Police to register an FIR of their own. Think of  filing a writ petition in HC 

kumar sachin (lawyer)     16 September 2012

thukral saab is right

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