156(3) cr.p.c. application sent by speedpost to district court

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    • #5117

      Is application under section 156 (3) crpc accepted by district court, if send by Speedpost

    • #5124

      Firstly, please note that application under Section 156(3) of the Criminal Procedure Code is required to be filed in the Magistrate court having jurisdiction over the area, and not in the district court.

      Secondly, I doubt whether the court will accept such application sent by speedpost. Usually, the courts are governed by strict rules and work in formal ways. They have many technicalities which are required to be complied with. Even if you file some application by going to the court in person, they would accept that only if the application is in the prescribed format and fulfils the requisite formalities. Nowadays, in some courts (especially in the higher courts, such as the Supreme Court), some specific types of matters can be filed online. In Supreme Court, sometimes, a public interest litigation (PIL) is accepted by way of a letter sent to the court.

      However, as far as I know, speedpost has not been prescribed as a method to send the complaint under Section 156(3) Cr.P.C. You can try to check it from the court concerned, but I doubt whether it has been done in any courts. Moreover, even if you send the complaint by speedpost, you or your advocate may still be required to argue the matter before the court by appearing in the court.

      As far as law is concerned, Section 156(3) of Cr.P.C. is silent on these issues.

      Still, if you are located at a far-off place and want to take a chance, you can try speedpost method. If it does not work, then you can file it by going to the court personally.

           


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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