Want to register FIR through court under sec 156(3) in fraud case

964 votes

Dear querist, apologies for a delayed response. The power under Section 156 (3) of CrPc is a discretionary power given to the magistrate. It has to exercised in situations in which the Police is not cooperating and is not inclined to start the investigation. However for better implementation of the tool available under Section 156 (3) certain things are to be kept in mind, which are as follows:

1) It (Section 156 (3) ) is not a stand alone section, certain formalities given under Section 154 have to be fulfilled to convince the Magistrate in the case, which include formal complaint of the incident to the SHO, if is not taking action then a formal complaint to the Superintendent of Police. If the complaint still falls on to deaf ears then a recourse can be taken to take the case to the magistrate under 156 (3)

2) To secure one's end one should file a complaint with the Magistrate under Section 200 CrPc, in case the Section 156 (3) Application gets dismissed, one can straightway rely on Section 200 CrPc.

The evidence mentioned in the second part of the query can be used, but with a few riders.

Warm regards
Ambanshu

Advocate Ambanshu Sahni LawRato

643 votes

Call recording through transcript can be used as a good evidence for registering FIR provided you prove the source is correct and has evidentary value . If police is not registering FIR certainly an application can be filed before the court for filing the same. Please contact for further assistance

Advocate Paras Anand LawRato