Legal Question in Criminal Law in India
Dear sir,
i need your legal advice on this matter that , i have made a complaint against a fraud of private educational institute in kanpur. and the fir has been registered u/s -418/406 ipc.
after one month opposite party ( institute ) has filed a false
complaint case against me u/s -499/500.
court not send me any summon, but now i come to know through some reliable sources that on next date court will hear "arguments for summon"
i need your advice, that on that date, can i file a one page application for dismissing the opp.party's case as on same matter an fir has been already filed and case is pending in cmm court and this complaint case is after thought of opp.party.
so before getting any summon can i give applicaion for dismissing the complaint case of opposite party ?
please give me your valuable advice.
2 Answers from Attorneys
You cannot apply before Magistrate orders the complaint to be taken on file. Upon such order you can apply for discharge.
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