Legal Question in Criminal Law in India
Mr. X lodged a Civil suit against Mr. Y in the honorable High Court on 8th June 2009. Mr. Y stayed in USA. Mr. X stayed in India. Mr. X served the Summon against Mr. Y for his civil suit on 18 August 2009, return of summon filed on 4 October 2010. Date of appearance and written statement of Mr. Y in the high court on 18 November 2010. Now on 9th December Mr. Y pray to the High court for granting Mr. Y some time to appear to the High court as he pointed out Mr. Y resides in USA.
Therefore a a counter blast Mr. Y lodge a case of 156(3) CrPC against Mr.X to investigate to the police under section 409/520/506 IPC in district court on December 3, 2010.
Can police dismiss the case of 156(3) CrPC by telling that it is civil matter?
What measure should Mr. X can take in this circumstances?
1 Answer from Attorneys
it is a settled law that civil profile of an offence, does not prevent its criminal outfit. so the complaint cannot be dismissed. Mr. X has no option but to seek bail.
Related Questions & Answers
-
My friend is a govt. employee and issued a chuque for Rs. 50.000/- to chit fund... Asked 1/04/11, 11:48 pm in India Criminal Law
-
If wanybody warn you on phone by sms what case you can file against him ? Asked 1/04/11, 10:04 am in India Criminal Law
-
I have a land having survey no-501,purchased in 1960, presently covered by boundary... Asked 1/04/11, 9:29 am in India Criminal Law
-
One FIR has been registered against one person under section 454,498A & 506 IPC... Asked 1/02/11, 8:45 pm in India Criminal Law
-
Person has issued a cheque to Mr. X, while writting on its back that ' check is... Asked 1/02/11, 12:20 pm in India Criminal Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
