Criminal Complaint under Section 156(3) CrPC (India)

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.

6. That the Complainant went to the Police station at _______________ to report the matter, but report was not registered. Complainant went to the Government hospital and got dressed his injuries. Copy of Complaint given to the Police Station at _____ on _____ is attached herewith as Annexure A.

7. That the Complaint had Complaint to the Senior Superintendent of Police by sending his Complaint by Registered Post. Even then, no action has so far been taken against the accused. Copy of Complaint sent to the Senior Superintendent of Police at ______ on ______ is attached herewith as Annexure B.

8. That the Accused has criminal record and he is of quarreling nature. FIR No_____ dated _________ and FIR No __________ dated has been filed by Mr. __________ another neighbor of the accused in earlier occasions. Copy of FIR No _________ and FIR No______________ dated ________ filed by Mr. ___________ is attached herewith as Annexure C.

9. Under this Circumstances, the Complainant Prays for legal action against the Accused.

P R A Y E R

In view of the aforesaid submission made here in and in the interest of the justice, it is therefore most respectfully prayed that this Hon'ble Court may graciously be pleased to:

1) Register the present complaint.

2) Take cognizance of the offence, as the contents per-se amount to commission of offences, as indicated above, without anything more.

3) Summon try and punish the accused person for committing the offences under section 323 and 506 of the IPC.
 

4) Pass such other or further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

AND FOR THIS ACT OF KINDNESS, THE HUMBLE APPLICANT AS IN DUTY BOUND, SHALL EVER PRAY.

COMPLAINANT

THROUGH

______ADVOCATE

Place :

Date :

Annexures to be attached with the Complaint

1. List of witness to be examined with name and address

2. Photograph of Complainant with Injuries

3. Medical Certificate issued by the CMO of Government Hospital

4. Copy of FIR No _________ and FIR No______________ dated ________ filed by Mr. ___________.

5. Copy of Complaint given to the Police Station at _____ on _____

6. Copy of Complaint sent to the Senior Superintendent of Police at ______ on ______

7. Any other relevant document related to the incident.