LAW Courses
LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     13 December 2009

CrPC 156: Whether Section 200 Complaint necessary?

An application u/s 156(3) Cr PC had been filed long back asking direction from MM to direction to police to investigate a cognigable offence. At the fag end, Ld. MM puts question as to why Section 200 private complaint was not filed along with S. 156(3) application. The simple query is that whether it is mandatory that Section 200 private complaint had to be filed along with S. 156(3) application? Does S. 156(3) CrPC mandates a condition precedent that Section 200 private complaint is also to be filed. Its an URGENT query. If experts in the forum pens their view, we shall be greatly obliged.

Thanking in anticipation.



 16 Replies

Arvind Singh Chauhan (advocate)     13 December 2009

Not at all. Both are totally different things. Investigation would be going on . Check the progress report if it is sent in the court. If police files final report you would have an option open to protest and to apply under Sec 200 there after.

Adv Archana Deshmukh (Practicing Advocate)     13 December 2009

 It depends upon the gravity of the offence. Actually the magistrate can take cognizance of the offence u/s 190(3) upon information received from any person other than a police officer that such an offence is committed and order an investigation u/s 156(3). But when the FIR is not filed and a private person wants the magistrate to order an investigation u/s 156(3) it is better to file a private complaint u/s 200 crpc first and make an application in it seeking directions to the police.

2 Like

Suchitra. S (Advocate)     13 December 2009

Yes, I agree with archana ji.

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     13 December 2009

 NOTHING WRONG IN FILING A COMPLAINT UNDER CrPC 200 AND AS PER THE OFFENCE THE MAGISTRATE MAY DIRECT THE POLICE UNDER 156(3)( SINCE U R ASKING THE INVESTIGATION ALONG WITH. )

adv. rajeev ( rajoo ) (practicing advocate)     13 December 2009

sec 200 of cr.p.c.is for filing private complaint.  If it is not mentioned nothing wrong.

sandeep jindal (ADVOCATE)     13 December 2009

there is no such mandate. both provisions are speaking about different things..

when magistrate takes cognizance u/s 190(1) (a) cr.p.c. then he proceeds to examine the complainant u/s 200 cr.p.c. and here, subsequent to taking cognizance there can be no investigation u/s 156(3) cr.p.c.

but when magistrate order investigation u/s 156(3) cr.p.c. and police file report u/s 173 cr.p.c. then Magistrate take cognizance u/s 190(1) (b) and  proceeds as per provisions of sec. 204 cr.p.c. and here, subsequent to taking cognizance there can be further investigation u/s 156(3) cr.p.c. and further charge sheet may be filed by police u/s 173(8) cr.p.c.

gravity of offence has nothing to do with these legal provisions..

there are many authorities over this topic...

plz let me know if any other view is available as per law...

Raghav Sood (Lawyer)     13 December 2009

well there is no mandation to file complinant US 200 along with section 156(3) however you have not mentioned the offences and its bit dificult to answer if the offence is bailable and noncognizable then better course is to file pvt complinat US 200 on the other hand at this stage magistrate has no power to direct the aplicant or complianat to refuse to entrtaint compliant US 156(3) or to ask to file compliant SU 200 CrP.C you should wait for completion for investigation what police do and in case they submit cancellation report then go for protest petition because it is a compliant

prakash gautam (advocate)     14 December 2009

first of all know diffrence between purpose of u/s 156(3)&200 in the context of facts and circumtances disclosure.in prior it yet to be undisclosed some but in later all known by aggrieved person/complainant.MM can treat your u/s156(3) application as complaint.if both run concurrently its decided acoordingly u/s 210 cr pc

K.C.Suresh (Advocate)     15 December 2009

There is no need of a petition u/s 200 because the order u/s 156(3) Cr.P.C is on the petition supposed to be filed U/s 200.

bhupender sharma (head)     19 December 2009

No need at all both the proviisons are different and they have the different applicability.

Adv ramesh chheda (prop)     20 December 2009

dear Member,

Ld. Magistrate is wrong in directing u file complaint u/s. 200. In fact there is order of supreme court that if u r filing u/s. 200 then u cannot claim investigation u/s. 156(3), it is different matter that in most of trial court none of magistrate takes objection on this ground.

As per provision, 156(3) can go only when the police officer fails to accept u r complaint and then his superior also fails to take congnizance of the same. In that circumstances, alternate remedy which is available with u is to make a complaint with magistrate that due to reason, concerned police officer has failed to take congnizance of the complaint, so u give direction to register fir and then to follow due process of law. U cannot ask magistrate to give direction to investigate the matter but u can only ask the magistrate to give direction to get fir registered and thereafter to follow due process of law.

if u file u/s. 200 then u cannot go back to 156(3) . But none of court is adopting this due process of law and things go on. India main to khuda bacha sakta hai messy judiciary system se. I hope i could clarrify u r querry to u r satisfaction 

 

Prof. P S Sawhney (none)     18 March 2010

I certinaly agree with Adv. Ramesh Chheda.

Gulshan Tanwar (Advocate)     28 March 2010

Only facts can bring which is better to file else it will always remain a topic for discussions.... hope all my brethren goes for this view...

 

156(3) vis-a-vis 200 vis-a-vis 190... the common practice is that the MM never takes 156(3) instead he/ she goes with police and when the case is remanded back or there is protest petition then the MM wakes up and by that time either the accused is no where to get or the complainant is no mood to go further and hence the case "automatically" dissolves in this "cognisance" of offences :) and due to these types of practices we are holding strikes in Delhi and soon in April there will be some more "non-dissloving days" atleast.

Vijay (law student)     18 August 2013

Dear Sir,

I will be great full to you if I could have the citation of the Hon'ble Supreme Court on the point that if u r filing u/s. 200 then u cannot claim investigation u/s. 156(3).

Its an URGENT query. If experts in the forum pens their view, I shall be greatly obliged.

Thanking in anticipation.

Regards,

Vijay


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query