Vasant Kumar (Lawyer) 20 January 2013

Criminal

Is there a difference in procedure while dealing with 156(3) CrP.C. complaints in Delhi and Gurgaon?

In my case instead of calling the ATR report from the concerned SHO, as happens in Delhi, the judge in Gurgaon, recorded the statement of the complainant u/s 200 CrP.C. and now the matter is kept for proceedings u/s 202 CrP.C.

Is that mean my 156(3) is dismissed and it will be considered as complaint case or the judge will call the police report upon the complaint which we had given to the concerned SHO to see what steps they have taken?

Please advice.

Thanks.

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2 Replies

Adv. Samar (Advocate) 20 January 2013

I feel 156(3) is made pending not dismissed, no diff. In procedure.... its judicial officer, s discretion.

Rashid Ali (own practice as a criminal lawyer) 21 January 2013

156(3) is a state case in which magistrate orders p.s to loadge fir and investigation through i o . i think magistrate converted your case as a complaint case. after 202 crpc magistrate will order to present the accused before court.