Bhikham Saini
(Querist) 06 October 2012
This query is : Resolved
The Magistrate in a Kasba of Rajasthan has issued order for registering FIR against me on the basis of false and malafide submissions.The complainant has hidden the actual fact of his being a proven accused in a direct FIR lodged by me seven months ago.The complainant has also hidden the proper documents which proves my innocence.But to harass me and make the matter connected with my original FIR for delaying its execution.I do not want to face IO in a false case.I shall have to spend energy for making me innocent before IO and the style of working at PS level is well known.What is remedy available to me for obtaining an order against the order passed by Magistrate in 156(3) section so the consequent FIR is also rendered ineffective.
What is the procedure for a revision in such case at Distt.Level Courts and what are the chances of a favourable order.My documents are very strong.
What is the next step if an order is declined at DJ Court.
Nadeem Qureshi
(Expert) 06 October 2012
Dear Querist there is no procedure for revision against 156(3) Cr.PC order passed by Magistrate, if you have very strong documentory proof in your favour you should filed a quash petition before HC and get relief from HC. District Court have no power to entertain your petition against this order, Feel Free to Call
Guest
(Expert) 06 October 2012
Almost in all cases it happens that either the parties try to hide something or exxaggerate something beyond expectation.
So, whatever has been hidden now by the complainant that should be brough to light while defending the case to prove him wrong and to reverse the case.
prabhakar singh
(Expert) 06 October 2012
Remedy is not revision but a quash petition before High Court.
Shashikant V. Patil
(Expert) 06 October 2012
Experts are rightly advised. Also, in the same matter, burden lies with him to prove even though he is hiding facts.
Rajeev Kumar
(Expert) 06 October 2012
No cause to differ from experts views.
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