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Can ATR be filed without filling FIR by police under sec 156(3)?


27-Aug-2023 (In Criminal Law)
In case of forgery , I filed case under 156(3). Forged document with hand writing expert report submitted . After 2 months I suspect police file ATR without registering fir and some excuse . And magistrate may give another long date . What should be my next step .. to press for early date of next hearing .. or some appeal for registering fir immediately to court ...
Answers (3)

Answer #1
913 votes
For specific answer one require specific facts like whether the magistrate under Section 156(3) has directed investigation because in such a case registration of FIR is mandatory. Therefore you should provide specific details with respect to the facts and circumstances in order to get advised for your next course of action
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Answer #2
903 votes
If police has refused to register FIR than now FIR can only be registered on the direction of court U/S 156(3) of Cr.P.C. As far as early hearing is concerned, you can never compel court for early hearing, at max you/your advocate can request for short date. Also, you have mentioned that court may give another long date. that date is for what purpose? Please specify, whether ATR report is finally filed. If yes, what court has done? Court cannot give another date simply without any purpose. If everything is done properly and you feel no action is taken on your compliant then, next recourse if High Court under writ jurisdiction.
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Advocate Akhil Sharma

Adv. Akhil Sharma

LawRato Delhi | 25+ Answers
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Answer #3
561 votes
A complaint under section 156(3) itself is for FIR registration where magistrate needs to take the cognizance of the said offence.Therefore if there are clear cut elements of forgery then a FIR has to be registered on the basis of status report rest you can call to discuss the same thanks.
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Advocate Nishant Solanki

Adv. Nishant Solanki

LawRatoDelhi | 5+ Answers
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