Crpc 154 156 under ipc 420 467 468

[ANIL SINGHAL]

My brother in laws have submitted forged will in nclt Delhi when she asked for transmission of shares on death of her father . I got questioned signatures on this purported will examined with admitted sign on various documents filed with mca website and pvt reputed handwriting document examiner has opinioned questioned sign are not of person who wrote admitted sign . I have made written complaint to concerned police station through advocate .is police bound to conduct prelim enquiry ? I have also written to acp . If not after how many days I should approach court in 156 -3 crpc . Can magistrate refuse ? Remedy for me … is it pvt complaint under sec 190 200 crpc ?
How shall I go about . Presently my complaint is shown as pending in Delhi police website

[Dr. Ashok Dhamija]

The questions asked by you are mostly answered in the following replies given previously by me to similar questions:

• When can preliminary enquiry be conducted before FIR registration by police?
• Difference between a criminal complaint filed under section 200 and 190 of Cr.P.C.

Please read them. With regard to another part of your question, the Magistrate may refuse to direct investigation by police under Section 156(3) of Cr.P.C. if he finds that no cognizable offence is made out or if he wants to proceed directly with your complaint as private complaint under Section 190 Cr.P.C. by taking cognizance of it. In case of complete refusal, you have the option to challenge it before the high court under Section 482 of the Cr.P.C. In case the magistrate agrees to take cognizance under Section 190 Cr.P.C. [but refuses under Section 156(3)], that should be alright and you may proceed with it as a private complaint through your advocate.

     

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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.

[ANIL SINGHAL]

Prelim enquiry should normally be completed in 15 days time . It means I have to go under sec 156-3 after 15 days . And instead of 156-3 if he adopts 190 -20o route
It should be fine with me .

Thanks for your well defined answer

[Author]

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