Money Recovery Case Filed Us 156(3) And Fir Registered By Ps Us 156(3)

Asked in Business

  • *************a

    Howrah

Expert's Answers(5)

  • Advocate Anik

    Bengaluru, Karnataka
      65 Client Ratings

    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.

    June 11, 2024
  • Advocate Kishan Dutt Kalaskar

    Bengaluru, Karnataka
      184 Client Ratings

    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.

    June 11, 2024
  • Adv Mukul Kumar Singh

    Lucknow, Uttar Pradesh
      4 Client Ratings

    Court can dismiss criminal case and can ask to file recovery suit.

    June 10, 2024
  • Adv.Rajesh Kumar

    New Delhi, Delhi
      2 Client Ratings

    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.

    June 10, 2024
  • Advocate Yogesh Navmahalkar

    Jalna, Maharashtra
      19 Client Ratings

    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.

    June 10, 2024