Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Rahul Metha (executive)     31 January 2012

156(3)

Dear All,

 

I have file a pricate case against my wife, mother in law and others for tress passing, defamation, robbery and the court has passed order under section 156 (3) for investigation. Due to some personal reasons I want to hold the order for some time.

1. Can any one can guide me for how much time i can hold the order.

2. Will the police make arrest under this section or will just file an FIR. 



Learning

 14 Replies

ajay sethi (lawyer)     31 January 2012

police will conduct investigations and submit its report to court . police have powers to arrest the accused . generally investigations take time and you wont get report on next date as police are over burdened

Rahul Metha (executive)     31 January 2012

Dear Sir,

Thanks for your promt reply, one of my query is solved.

what i want to know is can i hold the order from sending it to police station for investigation. If yes than for how much time.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     31 January 2012

Then why are you filing this case?

 

Don't false frivolous cases.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Chaitanya_Lawyer_Mumbai (Lawyer)     31 January 2012

Police will have to register an FIR & initiate investigation.

They can arrest if the offence is cognizable.

sukanta mukherjee (advocate)     31 January 2012

from your statement it can be said that the court official has given the order copy oof the court to your hand personally and directed you to submit it to the concerned police station. at this stage you can't hold the order copy in your hand because it is an criminal offence and hence submit it before the concerned authority as early as possible and police will take the action according to the law.


(Guest)

First you made a complaint in PS or directly approach to the court.

If you approached first  in PS, Then magistrate needs status report from police.

After that police came into the picture.

If case is fake, Then you are in trouble in future.

If true, Then Mr. Shonee is right.

Rgds,

Abhinatre Gupt.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     31 January 2012

What you want to achieve through this case.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Rahul Metha (executive)     01 February 2012

Dear All,

As i said for some personal reasons i want to hold the order. I have not yet received the order in my hand.

Mr. Kapoor,

My mother in law along with others entered our house when i was not present in house along with one police person without any complaint and created havoc at our place entered my bedroom took all clothes jewellery etc and abuse my family members. All i want to do is teach lesson that without any reason they entered our house and disrepued my family.

My lawyer has advised that we can hold the order for sometime, i just want to confirm the same.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     01 February 2012

If you want to teach a lesson, go ahead and serve the summons.

 

It seems you want to hold the summons because you apprehend a dowry case against you and you just want to use this case to show that the dowry case is a counter-blast.

 

You need better counsel for sure.

 

 

Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

Rahul Metha (executive)     01 February 2012

Dear Mr. Kapoor,

I have filed this to teach the lesson and to defened if at all any false case filed against me.

All i want to know that, i have not yet received the order in my hand, the order was passed 4 days back, and the lawyer has suggested that you can keep the order for some time. He is one of the reputed lawyer but some things have happened which forced me to counter check the same. 

Please advised that till how much time i can hold the order . Will it go against me that I have myself done delay in going further.

There are some other personal reason for which i want to hold.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     01 February 2012

This is a very weird and weak ploy by your lawyer, 

 

Reputed doesnot always mean effective in all situations.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

Rahul Metha (executive)     02 February 2012

Ok, now i cannot change what has happened what should i do now. I want to delay the proceedings for somtime.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     03 February 2012

Hmmmm,

 

Now don't collect the warrants/ summons from court.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Rahul Metha (executive)     04 February 2012

Thank you sir, I will collect only when i am ready for further proceedings


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register