Legal Question in Criminal Law in India

very deep query
Agar kisi par court me 156/3 ka complaint case u/s 420 chal ra hai. Or dono partiyon ne ek doosre ke khilaaf 420 ka complaint case 156/3 ke tehat daal rakha hai.Ek kehta hai ke ye 420 doosri party kehti hai ke ye 420.

dono ke cason me 12 taarekhe par chuki hain or 6 maheene ho chuke hain.

Or jo sachcha hai vo business man hai usko ghoote complaint case ki vaja se badnaami utahni pari jisse uska business effect hua.Jitni partiyan usse maal leti thin ye sunke ke ispar 420 ka case chal ra hai unme se zyadatar partiyon ne usse maal lena band kar diya.Ab vo sachcha aadmi chata hai ke jaldi FIR hoke jaanch ho or use clean chit mile or partiyon or market me dubaara reputation bne.

Kya iss ground pr 482 me high court se jaldi FIR krane ke liyaen ya nichli court ko jaldi FIR ke order krne ki direction dilane ke lian jaaya jaa sakta hai.

Asked on 2/14/09, 9:25 am

4 Answers from Attorneys

pramod kumarojha advocatepramodkumarojha

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Re: very deep query

In the said circumcumstances it appears that the case has already been filed therefore no need of further F.I.R. in this connection.Further as far as the investigation is concerned;it is establihed jurisdiction, empowered the magistrate u/s 156(3)that the magistrate may direct the police to investigate the matter.apart from the above some time may be taken by the court to come to the appropriate conclusion to establish guilt .it cannot be said without conducting the trial in proper manner who is guilty one.therefore you should pray before the court for posting this case on trial as possible as earlier.

Answered on 2/14/09, 9:46 am

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Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: very deep query

There is no legal bar. You may try your luck in the High Court.

Answered on 2/14/09, 10:50 am

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Pranav Desai PD Legal & Associates

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Re: very deep query

Ordinarily, the loss of business by a businessman could not be a ground for qashing of the complaint u/s 482 of Cr.P.C. If you have sufficient grounds to prove that the magistrate has abused the process of law in that case you can proceed to the high court u/s 482.

Though, I believe instead of going to the high court you should request the court to expedite the hearing.

Answered on 2/14/09, 1:20 pm

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