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The process after 156 3 order passed by the magistrate


17-Sep-2023 (In Criminal Law)
Hello , i want to know what if the magistrate pass an order for registration of FIR (156/3 petition filed). 1) in how many days police will register FIR and how the FIR copy will be obtained? 2) Does the court summon to accused also regarding this? 3) Can police arrest immediately if found evidence against him?
Answers (3)

Answer #1
722 votes
Hello client hru. As I have read Ur query . It may take 2 to 3 months Time but the total time may depend of mood of the court .copy of FIR can only be filled immediately just after the order if court order then the fir can be filled and obtained from Concern police station .yes police can arrested immediately after the fIR.
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Advocate Vishwanath Pratap Singh

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Answer #2
912 votes
Soon as an order U/s 156(3) have been passed , the police will depute an IO( investigation officer) in the case. You have to follow with the IO, and help him in providing evidence so that he can prepare the chargesheet. If the IO finds during the investigation, that there is enough proof against the accused then he can even arrest the person. It is not necessary for the court to summon the accused under 156(3), it's duty of the IO to summon the accused for questioning.
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Advocate Vijay Sahni

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Answer #3
539 votes
Hi, If the magistrate passes an order for registration of FIR, then the concerned IO shall register the FIR and further, on investigation, shall file the chargesheet. The notice shall be served upon by court to appear in person. The IO shall also call upon the accused after registration of FIR.
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Advocate Sahej Uban

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Swapnil
Is it mandatory to register fir upon the order of magistrate u/s 156(3) even if the facts reveal that there is no subsequent devlopment in to the case. And complaint is Non cognizable in nature.

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