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DEEPAK ASSOCIATES (08010117611)     06 October 2010

Need Judgement

A chief Judicial magister has order u/s 156 (3) of CRPC to registered a criminal case u/s 420-468-471/ 120B mentioning that the question property is situated under PS ABC whereas no offense have been committed in the jurisdiction of PS ABC.

Now the question is arise whether a Chief Judicial Magistrate who are supervising two PS ABC and DFG under his judicial capacity can direct the police to register the FIR at PS ABC whereas no offense committed in the area of PS ABC.

Further the order of CJM is revisionable, if yes, please provide judgement on the topic that the order u/s 156(3) is revisionable.

 

Rgds

Deepak kapoor



Learning

 7 Replies


(Guest)

Mr Deepak

order of CJM u/s 156(3) is a order of court and is appealable u/s 372CrPC.

u/s 156(3) CJM has power to either accept the application or reject the application having regard to the contents and evidences attached to application. This stage is called pre-congnizance state.

Although the CJM is supervising two PSs but locus standi of your application is wrong. So magistrate is justified in rejecting the complaint. Moreover in one way you can take benefit of order of CJM since the application has been rejected due to locus standi only so file applicaiton against rather going for appeal. In precongizance state also mention the previous order and state that the deficiency has been rectified.

Mr Bechara..........................

DEEPAK ASSOCIATES (08010117611)     07 October 2010

Thanks for your comments. But I am the opposit counsel. The CJM without going into the contents of the complaint passed the order whereas section 307 of IPC was also incorporate in the complaint without any injury . further i want to know whether the CJM without exceptional case refer the case u/s 156 (3) CRPC to register the case whereas no offense has been committed in his jurisdiction of PSs.

It is also right to inform you that the magistrate earlier  order to register the case in another PSs but later on rectified the order and send to other PSs mentioning that the property is situated at PSs ABC.

IS this a valid reason (Property situation) to registered a criminal case

Vijayendra Navale (Advocacy )     02 November 2010

Hi i need citations on Committal Orders U/sec- 209 of Cr.p.c. Please paste if someone had. 

DEEPAK ASSOCIATES (08010117611)     02 November 2010

for which point you need citaton on 209

Vijayendra Navale (Advocacy )     03 November 2010

Dear air/madam, 

Police has registered a case U/ sec- 307 of IPC and filed a Charge Sheet against the accused No 1 to 16. But the thing is that accused No 1 is absconding before registering a FIR and NBW is pending. Accused No 2 to 16 are the relatives of A-1 and are all on  bail. This being the fact the magistrate is not willing to commit the case to court of sessions, though the charge has been filed before 8 months. Hence i have filed a IA U /sec 209 of Cr.pc. Please  paste any citation on U/sec 209. 

Vijayendra Navale (Advocacy )     03 November 2010

 

Dear Sir/madam, 

Police has registered a case U/ sec- 307 of IPC and filed a Charge Sheet against the accused No 1 to 16. But the thing is that accused No 1 is absconding before registering a FIR and NBW is pending. Accused No 2 to 16 are the relatives of A-1 and are all on  bail. This being the fact the magistrate is not willing to commit the case to court of sessions, though the charge has been filed before 8 months. Hence i have filed a IA U /sec 209 of Cr.pc. Please  paste any citation on U/sec 209. 

Vijayendra Navale (Advocacy )     15 November 2010

 

Dear Sir/madam, 

Police has registered a case U/ sec- 307 of IPC and filed a Charge Sheet against the accused No 1 to 16. But the thing is that accused No 1 is absconding before registering a FIR and NBW is pending. Accused No 2 to 16 are the relatives of A-1 and are all on  bail. This being the fact the magistrate is not willing to commit the case to court of sessions, though the charge sheet has been filed before 8 months. Hence i have filed a IA U /sec 209 of Cr.pc. Please  paste any citation on U/sec 209. 



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