Application Under Section 156 3 Crpc

Application under section 156 3 cr p c most respectfully showeth.

Application under section 156 3 crpc. My query is that when a prayer for 156 3 crpc declined by judicial magistrate can revision of this order maintainable before the court of sessions or other. After hearing jm first class dismissed the application filed by the wife under sec 156 3 stating no cognizable offence committed hence no need to give directions under 156 3. Warrants application of judicial mind by the magistrate and the litigant cannot at its own whim and fancy invoke the authority of the magistrate.

That the complaints have failed the accompanying complaint u s 200 cr p c. 18 july 2012 the complaint is required to be filed under section 200 of criminal procedure code only against the accused persons against whom you want to take criminal action and additionally an application under section 156 3 is annexed requesting the court to send the complaint to the concerned police station for investigation and for lodging fir accordingly. If such an application under section 156 3 is filed before the magistrate the magistrate can direct the fir to be registered and also can direct a proper investigation to be made in a case where according to the aggrieved person no proper investigation was made.

However if you do not receive any satisfactory action even after complaining to the superintendent of police then you can file an application to the magistrate having jurisdiction under section 156 3 of the cr p c which is reproduced below. This will deter him to casually invoke the authority of the magistrate under section 156 3. Hence the supreme court opined that applications under section 156 3 crpc are to be supported by an affidavit duly sworn by the applicant.

The affidavit is held mandatory in order to attach propriety and genuineness to the application. Against the accused persons and the contents of the accompanying complaint may be read as part and person of this application and the same are not being repeated here for the sake of brevity. The power under section 156 3 of the cr.

A two judge bench of the supreme court comprising of justices dipak misra and p c pant has held that applications u s 156 3 of crpc have to be supported by an affidavit to avoid unnecessary. It is because once an affidavit is found to be false he will be liable for prosecution in accordance with law. The court issue notice and demand status report that there is any case related to this matter in police station or not.

The complete procedure for filing a complaint under section 156 3 crpc is mentioned herewith. Police officer s power to investigate cognizable case. The warrant for giving a direction that an application under section 156 3 be supported by an affidavit is so that the person making the application should be conscious and also endeavour to see that no false affidavit is made.