Rejection Of Application U/S.156(3) Of CrPC Does Bar The Complainant To File Second Regular Private Case Under 200 of CrPC

There has to be a fresh cause of action to file a "new" complaint u/s 156(3) CrPC for a cognizable offence where police did not register FIR.

A complaint before the magistrate lies only once the police has denied to register an FIR in a cognizable offence and the only remedy which is left is to approach the Ilaqa magistrate under the provision of section 156 (3) Cr.P.C. and if the Ilaqa magistrate denies to issue any directions to the local police for the registration of FIR then the court treats in the complaint as a private complaint and there is no need of filing of fresh complaint under the provision of section 200 Cr.P.C…

 

Regards

Gagandeep Goel, Adv

masterlegalwork@gmai.com

 

Court has rejected my complaint filed under 156(3) for registration of FIR without treating it as private complaint under 200 of Crpc that is why I asked that can fresh private complaint under 200 crpc can be filed after rejection of 156(3) prayer by court.

In case it has been done that way I would advise that you firstly check up with the final order of the court then after verifying the facts please file a private complaint under section 200 Cr.P.C. making sure that you also provide a list of documents and list of witnesses along with your complaint which is duly supported by an affidavit.

 

Also provide all possible evidences which is available with you and don’t forget to mention section 65B certificate in case of electronic record.

Some local advocate will be in a better position to help you.

If the court has refused to take it as a private complaint also then you can better approach high court with  criminal revision petition seeking high court's intervention to direct the judicial magistrate court to entertain your private complaint for the reasons the high coourt  was convinced about. 

Mr. Gagandeep Goel.

what if magistrate rejected the application filed under section 156(3) without treating it as private complaint and order is also fully silent on this point? can I file fresh complaint under section.200

Application filed under section 156(3)CR p.c. is not a private complaint.

You can file a private criminal complaint under section 200 cr.p.c

When complaint u/s 200 CrPC is also dismissed you should file a revision petition before Sessons Court.