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Surjit Singh   11 June 2022

Filing Complaint under 156(3) Crpc for registration of FIR u/s 182 and 211 ipc.

An FIR was filed in july2019 against 3 person where there was allegations of abetment against 2 person that through phone, and allegation against one is having done the offence of 323/379. In the report submitted before Magistrate the charge sheet is filed against only one person saying allegations against other 2 person is found to be untrue.
Now the other two person wants to file a information/complaint under 156(3) crpc for registration of FIR against the under 182/311 ipc. The provision of 195crpc bars taking cognizance unless the written complaint is from a public servant. The time limit of taking cognizance is 3 years under 467 crpc but it can be extended under 473crpc
Now the query is
(a) What if the the Magistrate allow the petition for registration of FIR under 182/211 and the police submits the report after 6 months or 1 year and the date of offence commencement crosses the 3 years period.
(b) What if the Magistrate rejects the application, appeal before DJ is to be prefered.
(c) Whether the 2 persons should avoid such filing of application and approach the court where the hearing on cognizance against one person against whom charge sheet is filed is pending.


Note: the two person is not named in the police report. Kindly advice proper course of action to be followed before the expiry of limitation period of 3 years from 22 July2018.


Learning

 4 Replies

Janak Raj Vatsa (Advocate) (Lawyer consultant)     11 June 2022

a. once the investigation has commenced, then it's immaterial whether 3 years have elapsed. b. in case of rejection by Magistrate, option to appeal in District Judge court is open. c. No

Surjit Singh   11 June 2022

a) But my limitation period for approaching for registration of FIR u/s 182/211 is 3years from the date of offence.

P. Venu (Advocate)     16 June 2022

The query is too hypothetical.

Surjit Singh   16 June 2022

Mr Venu I fail to understand how you came to such a conclusion, all the above queries are totally based on true and correct fact. My request is to reconsider your opinion and analysis the fact and the subsequent conflicting provisions of IPC and Crpc.

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