Legal Question in Criminal Law in India

Dear sir, mm already dismiss my 156,3 on ground or civil suit run in high court but my one advocate matter fight on wittness avidance of us and further proceed that case in court of mm and one another advocate file revision in the court of upper mm court but i am confuse that upper court advocate could not apear at time of court and late comoing my advocate before accused party advocate come in court and pay some bribe to ardali and ardali couuld not call us in the court and court extened date for two month and now in the court of mm my date come soon then where i go in the court of mm or upper mm what is benificary for me for allow cheating case aagainst accused that they are in benifit and i am sufferring from herrasement

Asked on 3/26/13, 2:15 am

3 Answers from Attorneys

Vishwa Arya Arya & Co.

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the two are independant options. Where your 156(3) cr p c has been dismissed, in that court you have to lead evidence under section 200 Cr PC read with 202 cr pc. If the court would be satisfied with the evidence then only the court would summon the accused.

Your second case before the session court is to challenge the 156(3) dismissal. You have to convince the court that 156(3) has been wrongly dismissed. If the court is satisfied then the court will direct the registration of FIR. The most important thing in such scenario is for you to answer as to why the police investigation is necessary and that why you cannot lead evidence

Answered on 3/26/13, 10:26 pm

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