Dino Mackenzy (Delivery Head) 06 January 2014

Need legal advice against judgment u/s 156

Hi All,

Wife of my friend has registered a false case under IPC 498a and others using CrPC 156 . My friend has not received any notice/summons from a Court in order to contest it. Interestingly the case got disposed on same date as that of filing date. Court has ordered Police to do a verification of a matter. Police has registered FIR after Court’s order. Charge sheet is yet to get submitted by Police into a Court.

I want to know what would be legal strategy my friend can follow in order to get out of this mess ASAP.

Is it possible for him to challenge decision of lower Court in this matter into a Session’s Court using any provision of a law or he must have to move to HC to quash FIR u/s 482?

Also note that a wife has directly filed private complaint in a Court and there is no counseling has happening till the date. As per Maharashtra State Police Guidelines, Police should put an effort by doing counseling between couple through a medium of “Women's Grievances Redressal Cell” rather than filing FIR directly. Unfortunately Police seems to be heavily bribed and they have filed FIR against innocents.

Please suggest what would be best way to contest this challenge.

Many Thanks,

Dinesh

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2 Replies

Dino Mackenzy (Delivery Head) 07 January 2014

Hello Experts - Please respond to above mentioned query.

Thanks,
Dinesh

navneet 14 April 2018

Dear Freind,

Under section 156 crpc the court simply on oath by the complainant on affidavit send the case to police for investigation and on this the police is bound to file the FIR.On this ground the same date the case gets disposed.If you have received any summon from the police go to them and bring out all the facts and evidences in your favour.However be alert if you are suspicious about the role of police its better to secure Anticipatory bail first.You can also send by speed post to the police and make them aware about your facts.Try to meet S.P. or D.S.p. of your case jurisdiction and explain to him.Give them in writing.I advice the person on whom case is done,they should not go or else they may arrest you if the case is non-bailable.

If you have not received any summon then the police may announce that you are absconding and they can easily show that they had sent you summon but didnt get response from you.Dont sit and be active.If police not submitting report you can write to same court on this by your advocate.I suggest you to consult a good lawyer immediately.