Can I file 156(3) application simultaneously with a complaint?

779 votes

hello client as i can see your issue you have mentioned above you have got three options to get register your complaint / FIR .
1 . file 156 [3] petition in magistrate court and get it registered with court order.
2 . if court do not accept your 156[3] FIR then file complaint under 200 of crpc .
3. you can file directly a writ petetiin in high court for the same issue and get order from high court FIR and solve your issue.

Advocate Vishwanath Pratap Singh LawRato

514 votes

of course you can file a section 156 (3) along with section 200 crpc. in fact that is routinely done before the magistrate. it is up to the magistrate whether he wants to proceed under section 156(3) and direct the police to investigate or he wants to enquire into the matter himself and conduct proceedings under section 200. 210 deals with a different situation and will not be attracted in your case. it is attracted when there is a subsequent proceeding.

Advocate Kawaljit Singh Bhatia LawRato

682 votes

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Advocate Yash Vardhan Arya LawRato

829 votes

Section 210 is not applicable in such case as Section 156(3) r/w Section 200 crpc complaint can be filed together. In such case the magistrate has to first exercise it's ancillary powers inherent under section 156(3) and examine as to whether a cognizable or investigable case is made out or not. Once ascertained, the magistrate if is of the view that investigation is needed which is the sole function of police machinery i.e. collection of evidences then may direct the police to investigate. If the magistrate is of the view that the complainant has sufficient evidence and investigation in the matter won't serve a fruitful purpose, then may proceed with the complaint under section 200 crpc as per the procedure under chapter XV of the Crpc,1973. One has to remember both the procedure under XII and XV are different and can be exercised by the magistrate according to the allegations.

Advocate Yuganshu Sharma LawRato

505 votes

Yes, you can file an application under section 156(3) for the registration of FIR if SP has refused to do anything. Yes application under 200 can also be filed. In case of cognizable offence FIR is must according to Lalita Kumari judgment

Advocate Akash Vajpai LawRato