Whether i needs to withdraw the criminal complaint?
Raman
(Querist) 07 February 2013
This query is : Resolved
Sir,
I have filed the criminal complaint u/s 190 read with section 200 of CrPC for cognizable offence and the matter is fixed for Presummoning Evidence. Later I came to know that FIR needs to be lodged so I send complaint letter to area DCP for registering of FIR but I received no response and I move the Miscellaneous Application under 156(3) of CrPC which may now fixed with the main application.Today only, I received the call from P.S
Now 3 ways has been opened.
In such circumstances,as date of hearing is tommorow, whether its advisable that I should paray to the magistrate to close the Pre summoning evidence and made direction under 156(3) to lodged the FIR
Or
Should I made prayer for withdrewing both the applications as police may initated the investigation?
or
Police is juts playing melo dramaa for showing to the court and later stopped at their own wish??
adv. rajeev ( rajoo )
(Expert) 08 February 2013
Instead of sworn statement you can submit the court to refer the case to PSI of concerned police station.
Raj Kumar Makkad
(Expert) 09 February 2013
You need not to withdraw the case rather make prayer under section 156 (30 to send the case to concerned police station for lodging of FIR and investigate accordingly.
