Asked in Business
Dear client, There seems to be a misunderstanding. Here's a breakdown: Section 153(3) of the Civil Procedure Code (CPC): This section deals with inherent powers of the court to make orders to prevent the abuse of the process of the court and to ensure fair trial. It doesn't directly relate to transferring cases. FIR (First Information Report): FIRs are registered by police stations for cognizable offenses (serious crimes). They are not relevant in civil disputes. Transferring Cases to Civil Court: Courts can transfer cases if they believe the matter belongs in civil court. This can happen at various stages, even after an FIR is registered (if the case is not truly criminal). In your situation: If the case you filed under Section 153(3) CPC concerns a civil dispute (e.g., property rights, breach of contract), the court might transfer it to the civil court. The court will not automatically transfer it. The judge will decide based on the nature of the dispute. If a transfer happens, you likely won't need to file a new case in civil court. The transferred case will continue with the existing documents and petition.
Dear Sir, A PCR case cannot be transferred to any Civil Court. The Court will await the report from the Police Station and take action.
Court can dismiss criminal case and can ask to file recovery suit.
For recovery case has to be filed in civil court and case registered under 156(3) is criminal case and can be transferred to civil court.
1. You have File Application under section 156(3) of Crpc. This case is criminal case. 2. Criminal court don't have power to Convert criminal case into civil.
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