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Shiv (Officer)     28 March 2014

False complaint & investigation u/s 156 (3) crpc

Dear Experts,

I m submitting this urgent issue for your expert opinion.

I have been put in possession of property since last 7 years by the owner husband (please not that there is no document/contract made and act done in good faith). He was working in other city and used to come and stay in the property as he used to get free time. We were almost like a family members and he being senior. He also have his personal belongings in the property like car, TV, Laptop, some documents etc. There was a dispute of ownership of property between owner husband and his wife and the matter is in court. Both are leaving separately since 2000. There are other litigations among them pending in court. Wife has been never residing in this property.

Now suddenly in other city where e works owner husband died because of heart attack just 9 months back. Since after his death his residence in other city has to be evacuated so I brought his belongings to his place where I live after giving undertaking to the organization in which he used to work & stay.

My possession was peaceful till owner husband died 9 months back. Now the wife of deceased husband has filed a private criminal complaint against me under section 379, 384, 403, 404, 406, 418, 441 of IPC and prayed for investigation under section 156 (3) of Cr.P.C. The Magistrate has rejected their prayer for investigation under section 156 (3) and put the matter for next date for verification.  Immediately the wife has filed Criminal Revision Application. And matter is for argument. Next date is 02/04/2014.

In above mention facts and circumstances I seek your advise for the options of defense I have.

(1) Should I declare the belongings of owner in my possession to authority like police or any other in advance in view that the investigation will take place.
(2) Can I appear in Criminal Revision Application and defend my side.

I believe this is very hard time and mental harassment for me. Will appretiate and be grateful for any suggestion/ opinion.

Thanking You


 8 Replies

adv.raghavan (Advocate,9444674980)     30 March 2014

Engage a experience lawyer in criminal matters, that will be handy, because most of the sections are non bailable and cognizable. I advice you to apply for AB now itself and the defend the case

With regards to you query,to confess about the belongings to local police will be counter productive, so do not engage in all these things.

You  can file a separate private complaint against this lady..

Shiv (Officer)     01 April 2014

Thank you Adv. Raghavan Can I apply for AB at the stage when issue has not been processed and summons not send, matter is at pre-cognizance stage. Further to add the there are two 156 (3) orders against the Lady on complaint filed by her husband in 2013 before his death regarding other financial cheating. I'm appearing as prosecution witness in those cases. But the investigation is moving very slowly by police.

adv.raghavan (Advocate,9444674980)     01 April 2014

Yes you can apply for the same, the issue u r referring is different from this one.

Shiv (Officer)     01 April 2014

Thank You Adv. Raghavan.

I have been in touch with my advocate but he has told me I can not go for AB at this time. I'm confused.

can you specify more about it.

adv.raghavan (Advocate,9444674980)     01 April 2014


According to me it is possible, if your counsel says the other way. it is your problem to choose the  available options. 

Nadeem Qureshi (Advocate/     02 April 2014

Dear Shiv

as per your query and information you are not an accused yet. if the revision is grant and court pass an order for registering FIR against you then you became an accused in this case.

as per section 438 of Cr.P.C, you can file AB petition but at present your AB will not be consider on merit and may be dismiss due to non-apprehension.

so it will be better to wait and watch only. your advocate is rightly advised you and as you informed that

"I brought his belongings to his place where I live after giving undertaking to the organization in which he used to work & stay". this is in your favour and there is no theft charges will be implicated against you.

Feel Free to call

Nishant (BDE)     02 April 2014

Need Free On-call Legal Advice. Just give a missed call on 08010201301(toll free) or visit

manish jeswani (lawyer)     17 May 2014

Agree with nadeem quershi.


There are certain citations holding that revision against order under section 156(3) is interlocutory and revision is not  maintenanble.

Notice will be issued to you in revision because court can not pass adverse orders without hearing you. So don't have to worry, no need to file ab

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