Hello,
I had filed a police complaint of Fraud committed against me, It has been 14 months since I last filed this complaint. My investigating officer is now since 2 months saying that the file has been sent to the law department to further assess whether the crime committed comes under Civil or a Criminal case can be filed.
I want to know whether I can file this ongoing case under Section 156 (3). If I can file this case, what will be the procedure? Can I directly meet the magistrate myself and file the same? Do I have to pay any fees to the magistrate? Normally, how much time does it take to file this case?
Kindly guide. Thanks in advance.
A.what kind of fraud ?
Fraud is criminal and cognizable.
Advocate Ankur Goel
(Complete Law Shield) #YourLifeYourChoice
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Ashutosh Patel
Responded 3 years ago
A.You can file application under 156(3)CRPC this empowers the magistrate to call for the status report of the investigation (case) and can monitor the proceedings also.If the matter comes under the purview of crime then he has power to direct the police to register FIR for the offences which u have filled complaint to police .You can approach through a lawyer or you can yourself approach before a magistrate and file ur complaint case ,there is a provision in CRPC to provide a lawyer for u .Rate me plz if u like my answer
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.Hi
No, you cannot do so, as cheating is a non-cognizable offense. And 156(3) allows action in cognizable offences like rape, murder etc.
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A.Hi,
No, since cheating is a non-cognizable offense, no action can taken u/s 156 (3) of the Criminal procedure Code.
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If you found this helpful, do rate us.
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Can I file an ongoing complaint with police under Section 156 (3)?
Reopening of uncontested disposed criminal case immediately
