Legal Question in Criminal Law in India

WHERE 156/3 case isdissmissed and MM order is directed to lead complainant evidence.

I want to go in high court in 482 cr,pc. Is high court can do FIR order in 482 crpc?


Asked on 8/10/09, 3:21 pm

4 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Your question is contradictory. If the M.M. has directed you to lead evidence, it is not "dismissal" of your complaint. In such a situation there may not be any use of going to the High Court u/s 482 Cr. P. C.

Yes. the High Court may set the order passed by the MM and direct him to pass appropriate orders. However, in your case the direction issued by the M.M. may not be wrong or illgal and therefore the High court may not like to interfere.

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Answered on 8/10/09, 4:30 pm
Shrichand Nahar S.V.Nahar, Advocate

Yes, if there are sufficient grounds for directing an investigation.

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Answered on 8/11/09, 12:29 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

you need to file a petition under article 227 of the constitution of India r/w sec. 482 of criminal procedure code. i have read your grievance in another post and feel that the MM was not right in dismissing your application u/s 156(3) as the accused had forged your signatures and got your vehicle transferred in their name. its a serious offence and needs investigation by the police.

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Answered on 8/11/09, 5:40 am
Pranav Desai PD Legal & Associates

Yes you can approach high court

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Answered on 8/11/09, 6:14 am


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