what to do if police station submit unfavorable report in 156(3) to court
2 years ago
Last year , I've filed private complaint petition under section 156(3) in JMFC court for registration of FIR against respondents for crpc 378,379 as police did not take any action on written complaint of Complainant.
However after calling of report by hon judge of JMFC , recently police station submitted unfavorable biased report to court favouring respondents as close relative of respondents is senior police officer in that city .
Will court in this case, will give reasonable opportunity to me for filing objections against that report and for presenting my side ? Or court will decide only based on biased report of police station ?
Please guide in detail.
the court would be give you reasonable opportunity to you for filling objection against that report and for presenting your side. Also if you think that the police investigation was biased then you could ask for fresh investigation and changing the investigation officer.
Thanks
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If the court does not provide the party a reasonable opportunity to be heard, you can appeal to a higher court. Only in the instance of a cognizable offence can the Magistrate direct the police to commence an inquiry under Section 156 (3) of the Criminal Procedure Code, 1973 (Cr. P.C.). The police are obligated to investigate the complaint if it concerns the commission of a cognizable offence.
Thank you.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
The court will alsways give reasonable opportunity for the party to be heard if not then you can appeal to the higher court. Only in the case of a cognizable offence can the Magistrate use Section 156 (3) of the Criminal Procedure Code, 1973 (Cr. P.C.) to instruct the police to begin an investigation. If the complaint involves the commission of a cognizable offence, the police are required to file a FIR.
Thank you.
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