LawRato

Can the magistrate order 156(3) investigation when private complaint.


23-May-2023 (In Criminal Law)
If a private citizen goes to a magistrate for the complaint of a cognizable offense and not register an FIR, nnCan the magistrate either 156(3) investigation or take cognizance directly and proceed with 200?
Answers (3)

Answer #1
795 votes
The magistrate first will call upon the police of the concerned police station where the offence took place. And then ask for the ATR to be filed as to whether a FIR needs to be registered in the present case or not. If the police submits a positive ATR then FIR will be registered. For more legal assistance I am just a call away.
Helpful? LawRato LawRato
Advocate Jitender Singh

Adv. Jitender Singh

LawRato Delhi | 1000+ Answers
Chat with Advocate Jitender Singh Chat 
Answer #2
603 votes
First and foremost, there has to be a complaint to the concerned police station. In case the police authorities do not register an FIR on the said complaint, then the senior police authorities are to be intimated. Even after the above process, your complaint is not registered as FIR, then you may approach the concerned magistrate of your jurisdiction to get your relief.
Helpful? LawRato LawRato
Advocate Sujeet Notwal

Adv. Sujeet Notwal

LawRatoDelhi | 400+ Answers
Chat with Advocate Sujeet Notwal Chat 
Answer #3
510 votes
Yes. If the police authority refused to register FIR after cognizable offence then any one can move to magistrate for the registration of FIR. If the court refuses to pass an order for registration of FIR then the court can move ahead under section 200
Helpful? LawRato LawRato
Advocate Akash Vajpai

Adv. Akash Vajpai

LawRatoDelhi | 25+ Answers
Chat with Advocate Akash Vajpai Chat 

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Connect with top Criminal lawyers for your specific legal issue
Connect with a Lawyer
Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

All Answers

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

LawRato