Legal Question in Consumer Law in India
cr,p,c 156(3)
I filed 156(3) cr,p,c under sect.420,406,468,471,506IPC in trial court delhi on 2/6/08 against accused.The case is pending trial from 2/6/08.From 2/6/08 ten dates was given.Status report filed by concern police & I submitted my complite writtten arguement.Next date of hearing is 17/2/08.But court is delaying for F.I.R. order.What can I do for early hear of F.I.R order.Can I go for mandamus writ in high court.After submition status report of police and written argument of complainant what is the maximum time of court for order on 156(3) complaint.
6 Answers from Attorneys
Re: cr,p,c 156(3)
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Re: cr,p,c 156(3)
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Re: cr,p,c 156(3)
The police files a status report only after investigation; the investigation is started after registering FIR. Therefore, your statement seems to be apparently incorrect or based on wrong information.
You should contact your lawyer to know the correct position.
In any case, you may approach the High Court u/s 482 of Cr. P. C. for appropriate directions.
Re: cr,p,c 156(3)
Police cannot produce its report without having been registration of FIR first, so far as registration of FIR is concerned, jurisdiction of High Court may be invoked. Section 482 of CRPC is reproduced here:---
482. Saving of inherent power of High Court.
Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order this Code, or to prevent abuse of the process of any court or otherwise to secure the ends of justice.
You may seek the assistance of High Court for the registration of FIR.
Re: cr,p,c 156(3)
Approaching High Court would be beneficial only after the MM has refused to interfere. Show details of the Police Report.
Re: cr,p,c 156(3)
your complaint and application u/s 156(3) needs to be read before one recommends you for filing a writ of mandamus. it may be so that the contents of complaint do not make out an offence under sections mentioned by you. there is no res judicata as far as criminal law is concerned and you may amend your complaint or file it again after withdrawing the present complaint that clarifies how the offence was committed. it is advisable you mail the complaint and the status report filed by the concerned SHO. which police station is it?
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