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Delay in final order under section 156(3)
07-May-2025 (In Criminal Law)
The police did not register an fir and accordingly complaint under section 156(3) crpc was filed. The magistrate ordered the police to file the ATR report and the same was done accordingly. At this stage the magistrate is fully satisfied that order for registering and fir is to be made. But is delaying such order. It's been 4 months and 4 court dates since the magistrate is fully satisfied with the case but is not making the order either because since 4 months he is too busy to record the order.
You may approach the Sessions Court or High Court under:
Section 482 CrPC for inherent powers of the High Court.
Writ petition under Article 226 of the Constitution for a direction to the police to act.
contact for more details and file your case through our firm located at Nsp Delhi
Helpful?
Adv. Madhvi Chopra
Delhi | 50+ Answers
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Hi - I have dealt with a similar situation and managed to get an order from the Magistrate against people of influence. The FIR has now been registered and matter is listed for further steps. There are various options in this regard and I am happy to connect on a call and advise regarding the same.
Helpful?
Adv. Nishtha Agarwal
Delhi | 25+ Answers
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You can always file an application for the status report of your case. Or you can also file an application before the district judge to direct the Magistrate to record the order. For more legal assistance I am just a call away.
Helpful?
Adv. Jitender Singh
Delhi | 1000+ Answers
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Based on your situation, here are the key legal points and potential steps forward:
- You can file an application before the same Magistrate requesting for early disposal of the matter, citing the delay of 4 months despite their satisfaction with the merits.
- If the delay continues, you have the option to approach the High Court under Section 482 CrPC or file a writ petition highlighting the undue delay in passing orders despite the Magistrate being satisfied with the merits.
- Document all court appearances and dates to show the pattern of delay, which will strengthen your case if you need to approach a higher court.
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Adv. Rishav Rai
Delhi | 25+ Answers
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You are advised to immediately file an application before the Magistrate requesting an early order for FIR registration under Section 156(3) CrPC, and if the delay persists, approach the Sessions Court through a revision petition or the High Court through a writ petition under Article 226 of the Constitution, citing your right to speedy justice under Article 21. Please feel free to contact for further clarification.
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Adv. Ashutosh Singh Rana
Delhi | 25+ Answers
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