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 IN THE 1ST WEEK OF JUNE 2011 HONORABLE HIGH COURT WILL GIVE THE X-PARTY VERDICT FOR THE CIVIL CASE.
But as 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.
CONCERNING POLICE STATION SENT 3 TIMES INTIMATION / REMINDERS to Mr. Y address (as per complaint address) to APPEAR in the police station for his case against Mr. X but till date May 20, 2011 Mr.Y DID NOT CONTACT over TELEPHONE or APPEAR to the POLICE STATION.
WHETHER POLICE CAN DISMISS THIS CASE IN THIS JUNCTURE.
What measure should Mr. X can take FOR THAT CRIMINAL CASE in this circumstances?

Asked on 5/20/11, 12:37 am

2 Answers from Attorneys

Sanjay Kalra Sanjay Kalra & Associates

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Police cannot dismiss the complaint filed by Mr. Y but will file the report to the concerned court informing that the complainant has not been appearing despite service for investigation of the complaint. The court would decide whether to dismiss the complaint or give more time to the complainant. Incase the police files a FIR against you after the investigation ,then Mr. X should go for Anticipatory Bail.

Answered on 5/20/11, 1:34 am

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