1) courts are over burdened with cases

2) you have to file application under section 156(3) cr pc to direct police to investigate and submit report

3)it would take more than 2 months to get order

Hello,

It usually takes 2 month for a magistrate to pass an order under section 156(3). You will have to file an application, the magistrate after going through the same might reject it or might direct the police to lodge FIR or might direct the same to be tried as a complaint case.

Regards

Hi

Time duration cannot be predicted in any of the court procedures.

156(3) can take upto 1 year, it also depends on your activeness , how much help the procedure by providing evidences and all.

Be active, you may get the result soon.

Thank You

Hello,

Yes the same police station will be directed to lodge the FIR.

After such direction the police will take on the investigation and will file the FR or charge sheet as per the investigation carried on.

Regards

It depends on the seriousness of the offence. If it is a cognizable offence then file a FIR in nearby Police Station. Therefore, the police has the power to directly register the FIR under Section 154 Cr.P.C. without orders of the magistrate. In view of this, you should first approach the concerned police station with your complaint under Section 420 IPC. However, if the police station refuses to register the FIR, then you may also approach the Superintendent of Police of the district requesting him to direct an investigation under the provisions of Section 154(3) Cr.P.C., as shown below:

“(3) Any person aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in sub-section (1) may send the substance of such information, in writing and by post, to the Superintendent of Police concerned who, if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him, in the manner provided by this Code, and such officer shall have all the powers of an officer in charge of the police station in relation to that offence.”

However, if you do not receive any satisfactory action even after complaining to the Superintendent of Police, then you can file an application to the Magistrate having jurisdiction under Section 156(3) of the Cr.P.C., which is reproduced below:

“156. Police officer’s power to investigate cognizable case.— (1) Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIII.

(2) No proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one which such officer was not empowered under this section to investigate.

(3) Any Magistrate empowered under Section 190 may order such an investigation as above mentioned.”

As laid down in Section 156(3) of Criminal Procedure Code, the Magistrate has the power to order an investigation by the officer in charge of the police station.

Time period is usually less but it depends upon the presentation by your Advocate before the Hon'ble Court.

police is bound to conduct investigations and submit report to court

2)SC has held that Registration of FIR is mandatory when a Magistrate orders investigation U/S 156(3) of CrPC...

3)section 156 falls within chapter XII of the Code which deals with powers of the police officers to investigate cognizable offences, the police officer concerned would always be in a better position to take further steps contemplated in Chapter XII once..e F.I.R. is registered in respect of the concerned cognizable offence....

the advantage is that the police will start the investigation after registering the case, as before 156 police is not registering the fir. once magistrate pass the order fir is registered and police start the investigation .

Under S.156(3), the magistrate has power to direct the police to investigate in cognizable offences.

Police has to register an FIR and investigate.

Police has to file a final report (positive or negative)

In case of positive, court will take cognizance, issue summons and conduct trial.

In case of negative, magistrate has powers to reject the report and proceed to issue summons.

In the event of negative, complainant has a chance to file a protest petition.

Police is giving it a wrong interpretation.

You have been cheated means that a crime has been committed by the other person which has resulted into wrongful loss for you.

Regards

Once you file the complaint seeking orders u/s 156(3) crpc. The matter is kept for your for the say/ report of the police. Once the say come you can argue on the same. If court finds merits it issues orders u/s 156(3) crpc. The investigation is done u/s 157 crpc and report is submitted u/s 158 crpc to the magistrate. There is no such period mentioned in the section for month or year as told to you.

Thanks for your appreciation

2) case of cheating is made out in the facts mentioned by you

3) number of transactions is immaterial

I would suggest rather than wasting your time in criminal proceedings. Please file suit for recovery. It is a suit like a summary suit and it would not consume the time like a normal suit consumes.

You can file a cheating case simultaneously for creating a pressure on the defaulter.

Is there a cheating from inception? Then it is cheating.

Many judgments are against invoking cheating for commercial transactions.

Therefore, pursue alternate remedy like criminal breach of trust,

You can file a suit for recovery.

1. In 156(3) the order comes in 2 days as the court has to simply decide whether to order the registration of FIR or itself proceed to take the cognizance and proceed under 200 CrPC.

2. If the court decides to proceed under 200 CrPC then the final disposal of the case will take a year or even more depending on the backlog of cases in the court.

1. 156(3) CrPC will be directed to only the jurisdictional police station.

2. If police does not investigate in a free and fair manner then you may file a petition for fair investigation in the High Court which can change the investigating officer or even entrust the matter to CBI

1. That the person who has been cheated has been dealing regularly with the accused does not reduce the vigour of the offence.

2. It is cheating irrespective of whether the victim is a first timer or someone who has been transacting regularly.

The petition under section 156(3) cr.p.c. is filed for seeking direction to the concerned police to initiate proper legal action on the complaint pending before them.

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.

The time taken is not on one's opinion, it will depend on the evidences submitted before court and the burden of court to dispose this petition, but certainly it will not be beyond two months.

But once the police have investigated in the same case took a year for the same case first said FIR will be lodged soon then they suggested me for 156 3.

Now even if we get the 156 3 in our favor its going to be directed to the same police station what different will they do?

That too, an aggrieved person has right to claim that the offence he alleges be investigated properly. However, The Hon'ble Supreme Court held in CBI & another vs. Rajesh Gandhi and another 1997 Cr.L.J 63 (vide para 8) that no one can insist that an offence be investigated by a particular agency.

Police say as you were in business dealing with him and not the very first instance that he cheated you it cannot be deemed a criminal case of cheating.

Is there something like this I thought cheating is cheating not as per date time or number of transactions is it?

The police is wrong to say that.

A cheater is a cheater and cheating is an offence under criminal laws.

The police cannot go beyond law.

If they do not respond or cooperate properly then the petition before court under the referred section, shall hold good and the court of directs the police to investigate then they cannot disobey the court orders.

Hi,

In the present circumstances it is suggested that you also think for civil proceedings of recovery etc.