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Sharad (Proprietor)     29 January 2014

Revision application for 156[3] order be change to 202

I have filed a revision against Magistrate Order not passing order under 156[3] for ordering police to register FIR.

Can district court of its own change subject of order 156[3] to 202 in revision?

Judge is issuing summons in the case to parties not connect with case filed for FIR like accused in original complaint to Police.



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 5 Replies

Aashish George (lawyer)     30 January 2014

trust me dismissal of 156(3) is not always a bad thing, if the magistrate is proceeding with pre-summoning evidence then you dont have anything to worry about. if he would have got the case registered the police officers would have been a big headache to you. he the magistrate has not called you to give evidence, then go for revision. best of luck

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     31 January 2014

Dear Sharad,

The first and primary thing against you is Locus - Standi. You don't have any locus standi. Your revision may be dismissed outrightly. Its better co-operate with police and try to manage them.

 

Rajiv Bhasin 

Bhasin Legal Consultants

SOLICITORS AND ADVOCATES

www.bhasinlegalconsultants.com


Sharad (Proprietor)     31 January 2014

Yesterday there was a hearing. I was told since I have made original accused in complaint as nominal party the summons is issued. The person was transferred to other place as his company is also involved with him. Now it is evident that summon can't be issued as he will be again transferred to or shifted to other branch nearby and it will be dodged.

I want to remove this name from from complaint. Provide me the process to be followed to correct the papers and remove nominal party.

I think there is provision to correct the application i.e. add / remove parties.

Sharad (Proprietor)     31 January 2014

Sir,

I am a poor man and hence I could not afford good advocate then how can I manage Police? Police were fined by way of compensation of six laks in other case where my case is.

Judge was suspended but police are at there places and even a simple party will be too costly.

T. Kalaiselvan, Advocate (Advocate)     01 February 2014

Take up the matte with the high court for necessary relief if you do not get any relief from the sessions court.


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