Section 156 in The Code Of
Criminal Procedure, 1973
156. Police officer' s power to investigate cognizable case. [CD1]
(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.
[CD1]Section 156 in The Code Of Criminal Procedure, 1973
156. Police officer'
s power to investigate cognizable case.
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