Criminal Complaint under Section 156(3) CrPC (India) by OLL
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Section 156 in The Code Of Criminal Procedure, 1973
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.
Sample format of Complaint to Chief Metropolitan Magistrate under Section 200 CrPC for Police Investigation is given below:
IN THE COURT OF THE CHIEF METROPOLITAN MAGISTRATE AT _________
COMPLAINT CASE NO. __________ OF 20__
(Affix Court Fee stamp of Rs. ___)
IN THE MATTER OF:
C___ COMPLAINANT
ADDRESS _________________
VS
A___ ACCUSED
ADDRESS _________________
Police Station _________
COMPLAINT UNDER SECTION 200 READ WITH SECTION 156(3) OF THE CODE OF CRIMINAL PROCEDURE FOR REGISTRATION OF FIR UNDER SECTION 323 AND 506 OF INDIAN PENAL CODE
THE COMPLAINANT ABOVE NAMED MOST RESPECTFULLY SHOWETH:
1. That the complainant is a law abiding citizen of India. The Complainant is a resident of Flat No____ in the ___________ area.
2. The Accused named above is the neighbor of the Complainant. Both houses are situated near to each other.
3. That the Complainant and Accused has separate parking spaces in front of their house. But the accused most of the time park one of their vehicle in the Parking space of Complainant and other Vehicle in his Parking Space.
4. That on _____ at about ____ 6.00 PM the Complainant reached home from his office and found that the accused parked his car in front of the house of Complainant. The Complainant went to the House of the accused to make him humble request to park his car in some other place as regularly he is causing in convenience to the Complainant. The Accused came out of his house with a stick and challenged the Complainant. The Complainant tried to pacify him, but he abused the Complainant. The Complainant objected to the abuses being burled by the accused. The accused then gave complaint 3 blows on complainant's leg by using the stick in his hand. As a result, the Complainant received abrasions. The accused then criminally intimidated the Complainant with dire consequences in case complainant ever again visited him with such complaint or reported the matter to the Police.
5. That the occurrence was witnessed by Mr. _____________ and Mr. ____________, neighbors in the locality.
This is a preview. The full template is free on GitLaw.
This document is a template for a criminal complaint filed before a Magistrate in India under Section 156(3) or Section 200 of the Code of Criminal Procedure. It is used when the police have refused to register a First Information Report (FIR) for cognizable offenses such as assault or criminal intimidation.
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About this template
What is this template?
This document is a formal legal application to a Chief Metropolitan Magistrate rather than a standard police report. It contains specific narrative fields for the history of police inaction and a prayer for the court to take cognizance of the offence. It is not an FIR itself, but a legal instrument to compel the registration of one.
When should you use it?
Use this filing when the Senior Superintendent of Police has not acted on a registered post complaint regarding a cognizable offence. Use a standard police report (FIR) first before resorting to this 156(3) CrPC application.
Who it's for
- an individual in India whose police report was not registered at the local station
- a complainant seeking a court-ordered investigation into criminal intimidation or physical hurt
- a victim of an assault under Section 323 IPC seeking to summon an accused neighbor
How long it runs and how it's signed
Law it's drafted under
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