Can some one fight 482 (court direction )
kmath
(Querist) 22 March 2018
This query is : Resolved
Filled a complaint with police, but no action was taken, when am trying to get a court direction( u/s 156(3) /190) to file FIR,
Question
1) Is there a way the opposite party fights it at the court? to object getting the court direction?
2) Can they file a caveat petition to know any such cases?
kmath
(Querist) 22 March 2018
Can some one guide please?
Vijay Raj Mahajan
(Expert) 22 March 2018
How does the other party come to know about your application u/s 156 Cr.P.C being moved in the court of judicial magistrate. The intervention of other party can be only if the FIR is registered against it, till that time no intervention can be allowed by any court as lodging complaint against them is your right and unless your complaint get registered as FIR by police or as criminal complaint in the court itself the other party is just a stranger in the matter.
kmath
(Querist) 22 March 2018
Thank you sir, is there a way to track these petitions using caveat petition?
Adv. Yogen Kakade
(Expert) 22 March 2018
Rightly guided by Mr. Mahajan.. further to add.. no caveat can be filed by the other party.
Adv. Yogen Kakade
P. Venu
(Expert) 22 March 2018
While approaching a court, it is not a healthy attitude to burden oneself with expectations as to possible reactions from the opposite party. Let the law take its own course.
Dr J C Vashista
(Expert) 23 March 2018
No scope for caveat before start of a fresh case.
Consult your lawyer.
