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ashok kumar (Social Worker)     28 April 2013

Orders under section 190crpc & section 156(3)ipc


Orders under Section 190CrPC & Section 156(3)IPC

Complainant secures an order under Section 190 CrPC and a FIR is registered and Police is directed to investigate under Section 156(3) of IPC. The complaint is based on totally frivolous and wrong statements & concealment of the facts by the complainant.


Can the accused, who is effected by the order, approach the court giving such orders and point out the glaring lies & concealment of the facts in the statement of the complainant & get the order reviewed or seek directions to the police to consider the material and facts pointed out by the accused?


Please give all details and if this is not possible what is the remedy with the accused?


 3 Replies

MohammedRaffiq Bijapur (Advocate)     29 April 2013

Brother, See the Magistrate has order for investigation, if there is untruth inthe complaint assist the invetigation agency to unveil the truth. If u satisfy the IO they will file B-false report. The matter ends there for the accused and it is for the complaint to prove prima-facie of the offence to take cognizance by the court.

ashok kumar (Social Worker)     29 April 2013

The way the Police functions in our country, what if the Police is not making an impartial investigation and is pressurising the accussed to do some kind of settlement with the complainaint , which teh accussed is not by Law required to do. As the things stand, if teh Police even after knowing teh truth, does not act on it and on teh contrary just helps teh complainaint to achieve his sinister designs by using teh compalint only as a p pressure tool against the accused!

You have seen the latest exapmle of outr Police which implicated even innocent youths for killing the cop at the Boat Club durimg teh Gang Rape protests at Delhi even though the guys were not even present at the scene!


The point is what is teh remedy available if teh complainant makes a false complaint and teh Police acts in colussion and frames a wrong charge sheet? Then going through the ordeal of teh trial and getting free of teh Charge after 15 years is teh only remedy or something can be done to bring teh truth to teh knowledeg of teh magistarate who ordered teh enquiry, so that the investigation is done the right way

Hem Singh (Partner)     01 May 2013

The Magistrare do not have review powers under CrPC. Further at this stage the accused can not approach to Magistrate as he has no locus standi. You can approach to High Court under Section 482 CrPC for quashing of FIR.

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