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156(3) order need queshing in high court
08-Dec-2024 (In Criminal Law)
Hi
A false case filed by complaint by taking direction u/s 156(3). Police harrassing for last 6 months. In going through case file we came to know that complainant didn't comply with 154,(3) before going for 156(3). What are chances of queshing. Chargesheet not field as of now
there are contradictory decisions with respect to 154(3). there are judgements which states that even if compliance is not done 156(3) can be entertained. I would suggest rather than going to challenge the enquiry, challenge after report is filed, now you can get a time framed from high court to get the enquiry over, since the enquiry is in the hands of police they may harrass you anyways
Helpful?
Adv. Devendra Singh
Mumbai | 25+ Answers
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Section 154(3) of the Code of Criminal Procedure (CrPC) of 1973 states that if a police station officer refuses to record information, the aggrieved person can:
Send the information in writing and by post to the Superintendent of Police
The Superintendent of Police can:
Investigate the case themselves
Direct an investigation to be made by a subordinate police officer.
If the opposite side has not followed Sec 154 (3) of the CRPC, 1973, before filing Sec 156 (3) of CRPC, 1973, then, there are higher chances of getting this FIR quashed. However other factors will also play an important role
Send the information in writing and by post to the Superintendent of Police
The Superintendent of Police can:
Investigate the case themselves
Direct an investigation to be made by a subordinate police officer.
If the opposite side has not followed Sec 154 (3) of the CRPC, 1973, before filing Sec 156 (3) of CRPC, 1973, then, there are higher chances of getting this FIR quashed. However other factors will also play an important role
Helpful?
Adv. Pankaj Bajaj
Mumbai | 500+ Answers
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If the Complainant directly approached the Magistrate under Section 156(3) of the CrPC without complying with Sections 154(1) and 154(3), this procedural lapse can strengthen your case for Quashing, If you can establish that the complainant failed to follow the mandatory procedure under Section 154, your chances of Quashing improve significantly.
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Adv. Ranabir Datta
Mumbai | 5+ Answers
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Instead of directly approaching the High Court. Remedy available to you will be to impugn the order of Magistrate before the Session Court by filing revision application.
Grounds for quashing of the proceeding will be completely on a different footing.
As stated by you, there was non compliance of 156(4) is a ground which can be challenged in revision jurisdiction.
Grounds for quashing of the proceeding will be completely on a different footing.
As stated by you, there was non compliance of 156(4) is a ground which can be challenged in revision jurisdiction.
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Adv. Rahul Pardeshi
Pune | 5+ Answers
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