Application for Investigation (Section 156(3) CrPC) (India) by OLL
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Application under Section 156 (3) Cr.P.C.
In the Court of Chief Judicial Magistrate at ……………..
Complainant Accused ‘X’
(1) “Y” W/o S/o ……… D/o
(2) “Z” At present residing at her father’s place, S/o ……….
At ……………………………… all of ………..
Distt. ….P.S. …… District ….
Witnesses: (1)…….
(2) …………..
Under section 498 – A/40 of the Indian Penal Code
The complainant above-named begs to state as follows:
1. The complainant was married to the accused no. 1 ……(Name) according toHindu rites and customs at her father’s place at ……(Place) P.S. ……….
2. That at the time of the marriage the father of the complainant apart from arranging for a large gathering gave in stridhan gold ornaments worth Rs. ………, a Swift car worth Rs. ………. and ………(mention all other items)
3. That after marriage the complainant was first taken to her matrimonial home where the in-laws were residing and after spending a month complainant and accused (1) and (2) were shifted to …………..
4. That after six months of the marriage, the complainant was subjected to mal treatment, both physically and mental at the hands of accused (1) and encouragement of the accused (2) for demand of dowry of Rs. 20 lacs. Having failed to meet such demand she was tortured continuously and torture by accused (1) and (2) were unabated.
5. That the offence under section 498 –A, Indian Penal Code is a continuing offence and on some occasions both accused (1) and (2) had taken part in inflicting tortures on the complainant and on other occasion accused (1), husband had taken part of the said offence and as such ……….. (P.S.) has jurisdiction to investigate into the matter under Clause (C) of Section 178 of the Cr.P.C. and this Court has jurisdiction to try this case.
6. That there is primafacie case under sections, 498 – A/406 of the Indian Penal Code against all the accused persons.
7. That the incident was reported to the ………..(P.S.), they did not take any action against the accused and refused to report a FIR against them, hence the Complaint is filed in the Court.
Prayer:
It is therefore, prayed that the complaint be forwarded to the Officer-in-charge,………… (P.S.) to investigate the matter and to lodge an FIR in the above case and report may be called from the SHO …… (P.S.)
under Section 156 (3 of Cr.P.C.) in the interest of Justice.
Sd. Complainant Through Council
This document is a formal application used to request a court to direct the police to investigate a criminal case and register an FIR. It is specifically designed for cases involving allegations of domestic cruelty and dowry harassment under the Indian Penal Code.
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About this template
What is this template?
This is a criminal procedural filing used in Indian courts to bypass police inaction. It is not a private lawsuit or a civil petition for divorce, but a request for state-led criminal prosecution. It contains specific sections for listing stridhan items and detailing failure to meeting dowry demands.
When should you use it?
Use this when a police station has refused to record a First Information Report (FIR) despite a report of a cognizable offense. Use a Private Complaint under Section 200 CrPC instead if you wish to lead evidence directly before the Magistrate without police involvement.
What's inside
| Clause | Name | What it does |
|---|---|---|
| Header | Parties and Jurisdiction | Identifies the Complainant, Accused parties, and the specific Court of the Chief Judicial Magistrate where the application is filed. |
| 1-2 | Marriage and Stridhan Details | Records the marriage date and specific assets provided as stridhan, including gold ornaments and a vehicle. |
| 4 | Allegations of Torture | Details physical and mental maltreatment linked to a specific dowry demand of Rs. 20 lacs. |
| 5 | Jurisdictional Basis | Invokes Section 178(c) of the Cr.P.C. to establish the court's authority over continuing offenses across different locations. |
| Prayer | Prayer for Investigation | Requests the Court to order the Officer-in-charge to lodge an FIR and submit a report under Section 156(3). |
Who it's for
- a complainant in India whose local police station refused to register an FIR for dowry harassment
- legal counsel filing a criminal miscellaneous application before a Chief Judicial Magistrate
How long it runs and how it's signed
Law it's drafted under
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