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Raman (student)     19 January 2013

Whether simultaneous complaint under section 156(3) can be f


 I have filed the complaint under section 190 read with section 200 of the CrPC which was checked and registered by the Metropolitan Magistrate and was put for pre summoning evidence for next month. The accused has committed cognizable offence which is non bailable

Whether it is correct to proceed under section 200 of CrPC as the accused will escape from the investigation done by police?

Whether I can move the complaint under section 156(3) without withdrawing the previous one in what manner?


 3 Replies

DEEPAK ASSOCIATES (08010117611)     20 January 2013

The section 156(3) can be applied by the magistrate at pre-cognizence stage which has been lapsed in your case. As the magistrate has already applied the process of section 200, therefore, the same court cannot applied the procedure established in section 156(3).

Any how you may also file the complaint before police authorities who can lodged the FIR against the accused persons. The magistrate will apply the procedure u/s 210 CRPC and stop the proceeding 210 (1) CRPC of the complaint case pending before it.



Raman (student)     20 January 2013

Dear Sir,

The magistrate till now has not examined the complainant under oath as per section 200 of CrPC BUT HAS ONLY REGSITERED THE COMPLAINT and the list of witnesses too has not been filed by me

My query is that whether I can move Miscallneous Application in the main case under section 156(3) of Crpc for ordering investigation?

Whether I can move the application prior to the next date of hearing or should I wait for next date of hearing which is fixed for presummoning evidence??

DEEPAK ASSOCIATES (08010117611)     21 January 2013

once magistrate has postpond the matter to the next date, the magistrate cannot be invoke the power u/s 156 (3). At this stage the misc application has no value even if it depand upon magistrate how to deal this applicaiton. The magistrate may attach this application with the complaint by decling or order for inquiry u/s 202 CrPC.

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