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anonymous (seller)     11 May 2010

criminal law procedure

 



author : anonymous

Posted On
11 May 2010

If one wants a direction under Section 156 (3) of Cr.P.C. is it enough to file 156 (3) application before the concerned magistrate?

Or

Is it necessary to file a complaint petition under Section 200 Cr.P.C. and in that petition, along with that petition an application under Section 156 (3) is to be filed? I read in some judgment that an application under Section 156 (3) independently cannot stand and it has to be filed along with S. 200 petition.

Is S. 156 (3) application has to be supported by an affidavit?

Please clarify. Thanks in advance.

 
 


Learning

 4 Replies

Ayush (Advocate)     11 May 2010

first you should try up with the police to register the case under section 156(3) i.e. FIR by placing an application before the police. HOwever, in case the police do not take any action in this regard, you have a remedy to approach the Superintendant of Police of the area, then again the police do not take any action, you can approach the area magistrate by filing a complaint under section 192. Then the court will consider the complaint and after observing the facts of the case and the complainant on oath, the court than take action accordingly. The magistrate has option either to send the complaint to the police under section 202 for investigation without registering the FIR. If the offence is of grave nature, then the court may also order the police to lodge the FIR and start investigation under section 156 (3). Then the proceedings of the case go on.

valentine (Advocate)     12 May 2010

MV ACT: The order on NFL basis has been passed by the Claims Tribunal U/S 140 of the MV Act. The Opponent is not honouring the order. NFL being an interim order is not appeallable in the first place. The vehicle was not insured on the date of accident. Order against the Driver and the owner of the vehicle has been passed. In case they do not deposit the ordered compensation within the stipulated time, what would be the further procedure?

Ayush (Advocate)     13 May 2010

In order they do not comply with the orders of the court, the court has power to get it executed. There must be a provision to file an execution before the court which passed the order. The court will summon them and ask them to pay the compensation, if they do not pay any heed, the court may order to attach their property and sell the same.

valentine (Advocate)     14 May 2010

Thanx dear. I know of the provision for execution. However, the same is very lengthy and the lawyer has to go to the executive magistrate and then to the Collector. If the property is attached it must be assessed by the gvt. valuer. Is there a provision for attachment before judgement in case of the interim order as well?


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