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shyamsundar (xyz)     27 August 2013

Which remedy should i choose 156(3) or 202

dear experts, I want to file a criminal complaint against landlord in Pune court, Maharashtra. Landlord has dispossessed me from his shop by not following due process of law. I want to file this complaint to pressurise the landlird to return my belongings in that shop. In this case is it practical and advisable that I proceed with 156(3) or should I ask court to take cognizance by itself under s.200. I have tried to file complaint in concerned police station but the inspector refused to do so also I send copy of complaint through Registered post to supritendent of police nothing happed after that hence I'm filling this complaint. please advice.


 5 Replies

SURIN USGAONKAR (Advocate High Court)     27 August 2013

It is better to move u/s 200 . If the magistrate wishes to use his power u/s 156(3) before taking cognizance let him do so.  Civil remedy is also open to you for restoration of possession 


chanderKant Tyagi (Consultant)     27 August 2013

Sec-6, Specific Relief Act -- Restoration of possession

Proceed in 156(3) if he had dispose off your property some where... else 200 crpc




shyamsundar (xyz)     28 August 2013

Thank you experts, regarding s.200 does cognizance taken by the magistrate make the proceedings lengthy? because reason behind asking this query is that, I thought investigation under s.156(3) is more easier and faster than under s.202, but I have no practical knowledge of the criminal court proceedings.

regarding s.6 of specific relief act I was dispossessed after expiration of rental agreement.

SURIN USGAONKAR (Advocate High Court)     28 August 2013

Please understand Sec 156 (3) is regarding power of the Magistrate to direct inquiry into an offence . You make a complaint to magistrate  under sec 190 of Cr.P.C. . Magistrate will examine you u/s 200 and decide whether there is substance in the complaint or not.  Then he may make orders u/s 202 . When you make a complaint u/s 190 Magistrate may direct the police to investigate u/s 156(3) .

Regarding time and length of the procedure please note it is always a product of your and your lawyers efficiency and determination. Many times clients are unsure whether they want to set the criminal law in motion , they drag their feet and fall prey to advise given by many people (friend and relatives) . Many times, this is the reason cases drag on. 

Be clear in you mind and issue clear instructions to your lawyer - This usually works. 

Regards and good luck 


shyamsundar (xyz)     28 August 2013

Thank you very much sir, I'll do the same.

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