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Amit Joshi (Student)     15 August 2018

CrPC 156(3)

1) I had filled criminal property complaint under section 156(3) after police said that your case is civil case, is that case can be accepted under section 190(1)(a) ? 2) If complaint is accepted under section 190(1)(a) then will I (complainant) need to appear on every date ?


 2 Replies

Adv Deepak Joshi +917017821512 (Advocate)     15 August 2018

Dear querist,

1.      Case can accepted under section 190(1)(a).

2.      A Magistrate can take cognizance of a complaint u/s 190 of the Code of Criminal Procedure, 1973. When a Magistrate takes cognizance of an offence (upon receipt of a complaint or otherwise), he examines the complaint in accordance with Section 200 by examining the facts and the witnesses. If he finds that the complaint is with merits, the case is deemed committed for trial and the magistrate issues the process under Section 204. If the offence is exclusively triable by Court of Session, the Magistrate commits the case to Court of Session under Section 209.

As per Sec. 190, the Magistrate is empowered to take cognizance of an offence in three ways provided therein. However, if he chooses to take cognizance on the basis of a complaint then to investigate and decide upon the matter further, he is bound to follow the provisions laid down by Sec. 200 to Sec. 203 of the Cr.P.C. and if the case demands, also under Sec. 204.

 

Thanks and Regards

Deepak Joshi & Associates

Djaa.legal@gmail.com

 

Amit Joshi (Student)     15 August 2018

First I want to thank you for your reply. Please, tell me whether I need to be present on every court hearing date if complaint is accepted under section 190(1)(a) ? Because my friend has said me that if complaint is filled under section 156(3) and their cognisance is takan by magistrate under section 190(1)(b) then no no need to present on every court hearing date but if complaint is accepted under section 190(1)(a) then I need to present at every court hearing date

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