CRPC195(1)(b)i,ii CAN BE INVOKED AFTER DISMIISED OF CASE
R.SHAH
(Querist) 31 December 2010
This query is : Resolved
SIR,
5 MONTHS AFTER DISMISSAL OF CASE, CAN I INVOKED A COMPLAINT TO MAGISTRATE ABOUT FALSE CLAIMS IN THAT CASE.
OR CRPC 195 1(B)i,ii WOULD BE A BAR FOR IPC 209,210.
IF IT WOULD BE A BAR THEN TO WHOM I SHOULD APPROACHED FOR MAKING COMPLIANT AS THAT CASE OF DISPOSED OFF BY DISMISSAL.
IF, I HAVE TO MAKE COMPLIANT BEFORER COURT, WHOM TO I SHOULD WHTHER CJM OR JMFC COURT.
IN ALL THIS A PRIVATE CASE CAN MAINTAINBLE U/S209,210 IPC.
KINDLY ADVICE ME TECHNICALLITY OF THE CASE.
ANY RELEVANT CITATION WOULD BE HELPFUL.
Arvind Singh Chauhan
(Expert) 31 December 2010
Only court where the trial was, may be complainant in your case. You can request to court to take legal action against the complainant.
R.SHAH
(Querist) 03 January 2011
dear sir
in particular this case, my rev.appln. was dismissed by the session judge and case disposed off nature of disposal was contested - dismissed.
after 5 months of dismissal i.e order passed and i came to know certain facts which was hide and obtain order by fraud on june2010 and i learn fraud palyed on Nov.2010.
now in this situation how same court i should make complainant and that to write compliant to other court upon fraud played.?
it's not possible in law that i should appraoched to JMFC and seek inquiry or trail ?
If it's possible that as per law after dipossal of the case and more than 6 months passed, I don't want to open it, should i apprached to some other court of same district/same premises court. and if such possibility is avaliable then JMFC is right to apporach or CJM of district court.
kindly advise and any other suggestion as soonest.
