This is court complaint, Now court will direct polcie to register FIR and start investigation than police will send you notice.
Case under 156(3)
My wife filed a fake complaint against me in mahila help line ,after 3 conselling session and one ssp conselling no FIR registerd,she filed a dv case against me ,in which me and my family members got summoned ,I start to fight my case .few days before from court website i come to know that is another case lodged against me under sec 156(3).i did not get any summoned for this .kindly guide me about this.she is govt employee.
Asked 4 years ago in Family Law
Religion: Hindu
22 Answers
Dear Sir,
If such an application under Section 156 (3) is filed before the Magistrate, the Magistrate can direct the FIR to be registered and also can direct a proper investigation to be made, in a case where, according to the aggrieved person, no proper investigation was made.
Section 156 (3) states:
Any Magistrate empowered under Section 190 may order such an investigation as above mentioned.µ
The words `as above mentioned obviously refer to Section 156 (1), which contemplates investigation by the officer in charge of the Police Station.
- Section 156(3) provides for a check by the Magistrate on the police performing its duties under Chapter XII Cr.P.C. In cases where the Magistrate finds that the police has not done its duty of investigating the case at all, or has not done it satisfactorily, he can issue a direction to the police to do the investigation properly, and can monitor the same.
- The power in the Magistrate to order further investigation under Section 156(3) is an independent power, and does not affect the power of the investigating officer to further investigate the case even after submission of his report vide Section 173(8). Hence the Magistrate can order re-opening of the investigation even after the police submits the final report, vide State of Bihar vs. A.C. Saldanna.
- - It was further held that ''Section 156(3) Cr.P.C. is wide enough to include all such powers in a Magistrate which are necessary for ensuring a proper investigation, and it includes the power to order registration of an F.I.R. and of ordering a proper investigation if the Magistrate is satisfied that a proper investigation has not been done, or is not being done by the police. Section 156(3) Cr.P.C., though briefly worded, in our opinion, is very wide and it will include all such incidental powers as are necessary for ensuring a proper investigation''.- It was further held that '' It is well-settled that when a power is given to an authority to do something it includes such incidental or implied powers which would ensure the proper doing of that thing. In other words, when any power is expressly granted by the statute, there is impliedly included in the grant, even without special mention, every power and every control the denial of which would render the grant itself ineffective. Thus where an Act confers jurisdiction it impliedly also grants the power of doing all such acts or employ such means as are essentially necessary to its execution''.
- - It was further held that ''Section 156(3) Cr.P.C. is wide enough to include all such powers in a Magistrate which are necessary for ensuring a proper investigation, and it includes the power to order registration of an F.I.R. and of ordering a proper investigation if the Magistrate is satisfied that a proper investigation has not been done, or is not being done by the police. Section 156(3) Cr.P.C., though briefly worded, in our opinion, is very wide and it will include all such incidental powers as are necessary for ensuring a proper investigation''.- It was further held that '' It is well-settled that when a power is given to an authority to do something it includes such incidental or implied powers which would ensure the proper doing of that thing. In other words, when any power is expressly granted by the statute, there is impliedly included in the grant, even without special mention, every power and every control the denial of which would render the grant itself ineffective. Thus where an Act confers jurisdiction it impliedly also grants the power of doing all such acts or employ such means as are essentially necessary to its execution''.
She must have filed private complaint under Section 156(3) of cr pc to direct poluce to investigate and submit report
police would conduct investigations and submit report to court
yiur statements would be recorded by poluce during course of investigations
See the 156 case must be at enquiry stage so one the court is satisfied on prima facie that case is correct it shall number it as criminal case and shall issue summons .
You will get summons only after you are issued notice in the said matter after allowing your 156(3) crpc complaint
She may have filed another case based upon some false allegations. Engage a lawyer who will find out what is in the complaint and then proceed accordingly.
when a complaint presented before court and court thinks fit for investigation then forward said complaint to concern police for investigation and institution of a case.
1. Application u/s156(3) is filed before rthe Magistrate for getting an order for registering a police complaint in to FIR and investigate in to the matter.
2. Once FIR is registered based on the said court order, you shall have to avail anticipatory bail from the trial court.
3. To avoid the above harassment, ensure that your Advocate appears before the Magistrate during the hearing of the said 156(3) application and get the same rejected.
The case u/s 156(3) crpc is a Police case and n this FIR is registered on which basis the Police can arrest you.
So take information the charges under which the FIR is registered and then immediately thereafter apply for anticipatory bail.
- Since, you wife court not get registered FIR against you in the Mahila cell , then now she is trying once against for lodging FIR against you and your family members , after filing a complaint under section 200 CrPc read with section 156(3).
- In this section 156(3) court firstly call an enqiry report from the police officials .
- Further if police will not filed his report against you, then she will tried to give her evidence before the court for proving allegation against you.
- Till the time , Court will not satisfied her filed case, Court will not summon you .
You will not get any summons in 156(3) case as you have no right to be heard in this case unless you are summoned as an accused. The court has to decide whether to order police to lodge the FIR.
Since the police have rejected her complaint she has filed a petition before judicial magistrate court under section156(3) cr.p.c seeking direction to police to take legal action on the complaint as per law.
You will get a call from police, wait.
1. Case under section 156(3) is for directions to police for registration of FIR against you.
2. Court will not summon you until court take cognizance of case as it filed for registration of FIR.
Police lodges an fir against me and my 05 family members as a result of 156(3)in 498a .if police submit an final report /closing report then what is the possiblity that FIR be closed against us.or should v ll have to go for quashing after closing report.
Asked 4 years ago
If the police is filing a closing report stating that there is no offence committed or this is a false case or a misrepresentation, then the court will send notice to the complainant, hear her objection, then decide the case on merits.
If the court dismisses the complaint on the basis of the police report and after hearing both the sides, then you do not have to go for quash, however if the court is accepting the complaint and taking it on its file then yo may plan to file a quash petition on merits
If police file closure report court can accept the closure report or direct reinvestigation
you don’t need to go for quashing after closure report
See even police file charge sheet against you then also it can be contested in trial and burden of proof is on prosecution.
You can file for discharge after chargesheet before the trial court.
498a can be quashed when there are vague the allegations in the FIR.
On submitting closure report, court will send notice to complainant if she wants to file protest petition agasint CR. If no petition filed or CR accreted by court. FIR close.
Dear Sir,
You will have to approach the High Court and file your quashing Petition and state the grounds therein upon which you are seeking quashing of 498A. Better draft and present your Petition well with good advocate practising in such High Court.
If 498A is quashed then you dont have to do anything unless there is an condition to the Order of quashing. You just have to relax and not worry about such case.
You can use this quashing Order in your Divorce or Restitution Petition and use it as an additional ground to succeed in your Petition.
Quash false 498a -Vague allegations in Fir The case of 498a can be quashed when there are vague the allegations in the FIR. A FIR is a first document on which whole investigation and chargesheet is based.
A FIR is bible for getting evidence and eventually to secure conviction of an accused based on the evidence, therefore a FIR must contain all the material facts related to an offence. It also must contain all the specific ingredient needed for satisfying an offence and material through which investigation may proceed. if a FIR misses material facts then it is a vague FIR which can be quashed by invoking the jurisdiction of 482 CrPC. Image result for 498a quash Some believe that if a FIR satisfies the ingredients of an offence it is not the case for being fit for quashing but this preposition is untrue under the light of the judgement In R.P. Kapur v. State of Punjab (AIR 1960 SC 866) the apex Court summarized some categories of cases where inherent power can, and should be exercised to quash the proceedings. (i) where it manifestly appears that there is a legal bar against the institution or continuance e.g. want of sanction; ii) where the allegations in the first information report or complaint taken at its face value and accepted in their entirety do not constitute the offence alleged; (iii) where the allegations constitute an offence, but there is no legal evidence adduced or the evidence adduced clearly or manifestly fails to prove the charge. so lack of evidence is another ground for quashing proceedings. A FIR containing quite vague, general and sweeping, specifying no instances of criminal conduct can be quashed even if the FIR constitutes and satisfy the ingredients of an offence. It is held in Vishalbhai Niranjanbhai Adatiya … vs State Of Gujarat & on 9 December 2015 It is a matter of common experience that most of these complaints under section 498A IPC are filed in the heat of the moment over trivial issues without proper deliberations.
You should go for quashing of the FIR and see if the names of the family members can atleast be removed at this stage.
Regards
Let me know if I can be of some help
1. If the Police submits the final report in place of charge sheet, the said police case will be dismissed by the Magistrate.
2. However, such instance of submitting final report in place of charge sheet, is not a regular incidence.