vishal agrawal (md) 13 August 2014

Where is the law (misuse of 156/3)

Dear Sir ,

Here is my story. I had a dispute over a property matter with a businessman in raipur.

1. He first made a police complaint against me with the help of some forged papers against me and my partners for 420.467.468.

2. The police gave me an opportunity to be heard.

3. After listning and examiniation of my papers , the Police Department found no crime commited , and made a report that the dispute looks to be of civil nature and advised the complainent to go to the court.

4. After nearly 8 months I come to know from the newspaper that an FIR has been longed against me and my partners and court has directed to register 420 ,467,468 against us .

5. He had gone to the court with 156/3 application.

6. Now since 420, and 468 are very severe offences , the lower court is very reluctant to give a.bail. in such cases.

7. my question is :- why was i not given the opportunity to be heard or submit my side of papers. and how can a court direct the police to file such offences even before giving me a chance of being heard.

8. I have already lost my reputation , because of the newspapers

9. The relatives and legal advice i am gatting is that i should remain me absconding , as antisipatory bail is diificult to get and upto judge moods.

10. please help us .

Reply Follow

1 Replies

Ashok, Advocate (Lawyer at Delhi) 23 August 2014

At the stage prior to FIR registration, the accused may not have a right to be heard, whether to register the FIR or not. In fact, if the complaint discloses commission of a cognizable offence, then immediate registration of FIR is mandatory, as per the recent decision of a 5-Judge Constitution Bench of the Supreme Court in the case of Lalita Kumari v. Govt. of U.P., (2014) 2 SCC 1.

However, you would be getting sufficient opportunity of explaining your side of the story to the police during their investigation. Since, as mentioned by you, earlier the police had come to the conclusion that there was no criminal case, they may again come to the same conclusion in the fresh FIR registered by them. The police do not generally have any option but to comply with the order under Section 156(3) Cr.P.C. to register the FIR if directed by Magistrate. However, the police has the full freedom to thoroughly investigate the case sincerely. So, it is advisable to give proof of your side of the story to the police. Likewise, it is not necessary that in every case the police would be immediately arresting the accused. It all depends on the facts and circumstances of the case.