advchashampal 14 December 2024

Essential of 156/3

Someone file complaint under 156/3 without approaching police n higher authority as this application is missing essential ingredient but still magistrate order u/s 202 .have to challenge in same court or what may be remedies.Thanks

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Quick Summary

This discussion addresses a situation where a complaint under Section 156/3 of the CrPC was filed directly with a magistrate, bypassing the police and higher authorities. It highlights that complainants must typically approach higher police authorities first under Section 154(3) CrPC. The conversation explores the remedies available when a magistrate issues an order under Section 202 without the complainant fulfilling these prerequisites, and questions the locus standi of the person seeking advice.

2 Replies

T. Kalaiselvan, Advocate (Advocate) 14 December 2024

If there is complaint given before the magistrate then the burden lies on the complainant to prove his case, if he is required to furnish evidence under section 202,, he has to comply with it accordingly

Dr. J C Vashista (Advocate ) 15 December 2024

What is your locus standi to the complaint u/s 156(3) CrPC, i.e.,wether you are complainant or accused or counsel for either party to the case in hand?

It is mandatory for the complainant to approach higher police authorites u/s 154(3) CrPC before it is entertained by the Court.