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file rejected under 156(3) due to a public servant involved


08-Sep-2023 (In Criminal Law)
I filed 156(3) but it was dismissed as one of the accused out of six persons is a public servant and prior permission is mandatory. CAN i filed another 156(3) on same ground Excluding that public servant.
Answers (3)

Answer #1
856 votes
Although he order of dismissal is to be seen but if it is dismissed on this ground and kept it open for amending application you can file fresh application citing the order. You can also file fresh application removing government servant name and without citing previous order.
Answer #2
596 votes
You can file revision of that order passed by magistrate in the court of district judge there is no need to file another 156(3) file revision u/S 397 , 399 crpc after that revision hope so you will get relief
Answer #3
939 votes
Yes you can file also u have the option to restore your complaint by amending your complaint.
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