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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 ...
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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What is the next step after FIR?
After registering FIR, police start investigation. The police record the statement from the complainant and any other witnesses. They gather material evidence relevant to the case. They search for the accused, and if warranted they can arrest him or her and record their statement. 7 Apr 2023
What to do if police is not taking complaint?
If the police refuse to register the FIR, and the complaint is a cognizable offense, you can make a formal application u/s. 154(3) CrPC, to the officer above the deputy commissioner rank, to get the FIR recorded. If no action is taken after that, then move the application under... 10 February 2023
What happens if police don't take action?
If the police officer refuses the file the FIR then the complainant may: Write the complaint down and send it to Superintendent of Police. The Superintendent can assign a police officer for an investigation if they feel there is merit to the case. You can ask a lawyer to accompany you when going to the station.
Does police take action on FIR?
Even if you have filed a police report, the police may still not investigate your complaint if: (i), The case is not of a serious nature; or (ii), The police feels that there are not enough grounds to investigate. The police must still record the reason for not conducting the investigation, and in this case they must also inform the complainant.
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.
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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Adv. Akhil Sharma
Delhi | 25+ Answers
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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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Adv. Nishant Solanki
Delhi | 200+ Answers
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