498a Under 156/3 होगा ख़तम ? Landmark Supreme Court Judgement | Legal Gurukul

498a Under 156/3 होगा ख़तम ? Landmark Supreme Court Judgement | Legal Gurukul
The Supreme Court in its landmark judgements has addressed the issue of filing a 498a , 406 ipc complaint without exhausting alternative remedies under Sections 154(1) and 154(3) of the CrPC
In this judgement, the court established that if someone has a grievance regarding the police refusing to register an FIR (First Information Report), they must first utilize the alternative remedies provided in the CrPC
Section 154(1) CrPC: Approach the officer in charge of the police station where the cognizable offense (an offense for which a police officer can arrest without warrant) took place and report the crime.
Section 154(3) CrPC: If the station officer refuses to register the FIR, the aggrieved person can send a written complaint via post to the Superintendent of Police of the district.
Section 156(3) CrPC: Only if both Section 154(1) and 154(3) are exhausted and the grievance remains, can the person approach a Magistrate under Section 156(3) Cr.P.C. The Magistrate can then order the registration of an FIR and investigation.
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Judgement Link
Don Paul vs State of Kerala 156(3) Without Affidavit Judgement
drive.google.com/file/d/1cc_l...
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[@user-ou7eu9uc8u]

केरला हाईकोर्ट ने गलत जजमेंट दिया हैँ

[@SdKumar-ns3us]

Sir namaste patni 18 month se alag rah Rahi hai or apne room me tala or saman band karke chali gai apne mayke ab nahi aa Rahi hai Sadi ko 10 year ho Gaye hai hume ab Kya karna chahiye?

[@lbsrathore6401]

In my view, complaint under section 156(3) should not be entertained without an affidavit n proof that the complaint was earlier made to local police S.H.O.and or SP/ SSP of concerned local jurisdiction because in such complaint made to Magistrate under section 156(3), it is invariably mentioned that before filing this complaint, she made such complaint earlier but the case was not lodged by police or not entertained by police.

[@Sushmayaduvanshi44]

Sir hmne 498a case kiya meri sadi arrenge marriage hui hai dahej liya hai 11 lac Account statement hai mere pass husband ne writ pattion dala hai high court. Me likha hai us ladki se meri koi sadi nhi hui hai lower court me 125 k 2 date ho gai husband aata nhi hai uski lower aati hai ab hm kya kare

[@vaishalish22]

Is the procedure same for private complaint filed to the magistrate under 190 crpc..

[@LegalGurukul]

Yes

[@user-vp7xb6ix1d]

If any complaint or a word has not been filed or stated anywhere by the wife , even thereafter 498a is going on in a complaint case, tell your answer as to this.

[@-dev-op6210]

Ek dam galat hai

[@sushantabiswas6468]

केरला हाईकोर्ट ने गलत जजमेंट दिया हैँ