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.
