Legal Question in Criminal Law in India
Mr. X lodged a Ordinary Civil Jurisdiction Title Suit against Mr.Y in the honorable High Court on 8th June 2009. Mr. Y stayed in USA as NRI. 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 HONORABLE HIGH COURT WILL GIVE THE X-PARTY VERDICT FOR THE Ordinary Civil Jurisdiction.
But as a counter blast Mr. Y lodge a case of 156(3) CrPC against Mr.X to investigate to the police under section 409/420/506 IPC in district court on December 3, 2010 WITHOUT SUBMITTING NOT A SINGLE PROOF AGAINST MR. X.
CONCERNING POLICE STATION SENT 3 TIMES INTIMATION / REMINDERS to Mr. Y address (as per complainant address in India) to APPEAR in the police station for his case against Mr. X but till date July 11, 2011 Mr.Y DID NOT CONTACT over TELEPHONE or APPEAR to the POLICE STATION. Even till date Mr. Y. submitted any proof as per his complain against Mr. X neither to the Police Station and also to the Court.
CONCERNING POLICE STATION'S I.O ONLY REGISTERED THE CASE & I EXPLAINED THE I.O. THE FALSE CASE AGAINST ME THROUGH MY LAWYER AND SUBMITTED ALL THE DOCUMENTS .
What measure should Mr. X can take FOR THAT CRIMINAL CASE in this circumstances?
WHETHER MEASURE CAN TAKE THE POLICE IN THIS JUNCTURE?
1 Answer from Attorneys
After registration of a case, it will be for the police to investigate and submit a report to the court of concerned magistrate.
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