I have an ongoing case with my cousin 323, 504 since last two yers. Recently about one month ago she has filed falsely a suit under section 156(3). Can i implicate her under ipc 182, 211? How else should i react?
Dear Querist
First of all in 156(3) Of Cr.P.C. complaint, you are not a party till the final order of the court if the case is against you.
secondly, if there is any thing wrong or false in the complaint then you may file a quashing petition before the High Court after final order of the magistrate by which the magistrate pass an order to registered the FIR against you.
and raised all your objections and raise all the points which are false and fabricated.
Feel Free to Call
complaint is filed under section 156(3) of cr pc to direct police to investigate and submit report
2) wait for police investigations to be completed
4) dont file any case of perjury now
1. It is not clear from your query the nature of allegations your cousin has leveled in his case u/s156(3) crpc.
2. As per the merit of the case you will have to defend yourself.
3.in the meantime take bail in the said case.
4. If you bring all the papers to me I can advise whether you have a good case for quashing or not.
Filing a petition under section 156(3) cr.p.c. is for:
There is an implied power in the Magistrate under Section 156(3) Cr.P.C. to order registration of a criminal offence and /or to direct the officer in charge of the concerned police station to hold a proper investigation and take all such necessary steps that may be necessary for ensuring a proper investigation including monitoring the same or not. That too, an aggrieved person has right to claim that the offence he alleges be investigated properly.
If her complaint with the police was not responded or no proper action was taken then sh can approach the court with this application, let the court pass an order on this after that you can plan next action.
1. 156(3) of Cr.P.C. s the section based on which an application has been filed for directing the police to investigate and act in connection with a complaint filed by the applicant.
2. You can surely file police complaint u/s 182 and 211 of IPC against the person who has lodged false complaint against you and not for filing an application u/s156(3) of Cr.P.C.
3. Before filing the said police complaint, you shall have to ensure that you have enough evidence in support of your complaint.
4. if police fails or refuses to act based on your said complaint, you can file writ petition before the High Court against police inaction seeking relief.
1. you can challenge the order passed in 156(3) on the ground that you are falsely implicated and it is abuse of process of law.
2. if court found that documents are averments are false the court suo motu initiate proceeding under section 340 crpc for the offence of perjury.
