Legal Question in Criminal Law in India

If a party falsely implicates a person under 156(3), and the court exparte orders the Police to investigate and lodge an FIR, will the police lodger an FIR to start with and try to arrest the implicated person to facilitate investigation, or will allow him to represent his side and only after that an arrest warrant will be issued. Kindly clarifty.


Asked on 9/04/10, 7:43 am

3 Answers from Attorneys
BHUPESH NARULA NARULA&ASSOCIATES;

As per Law once the court orders under 156(3) the FIR has to be lodged and investigation has to be afterwards, as per the offence the Police may arrest or if bailable shall take the Bail or ypu have to apply for bail before the Magisterate. Before filling the chargesheet the police can also take your version and if it is find false case has been got registered the Police can also file for the closure of the case and in that event you may not be arrested and no bail is required.

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Answered on 9/04/10, 7:55 am
Vishwa Arya Arya & Co.

Police has no choice but to register the FIR.. The accused has to get the anticipatory bail depending upon the offence involved.

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Answered on 9/04/10, 8:18 am
waquar ahmed Ahmed & Associates;

U MAY seek revision against the order 156 (3) in court of session along with stay on arrest.

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Answered on 9/06/10, 11:43 am


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