Private Criminal case
Ravindra Niphadkar
(Querist) 22 May 2016
This query is : Resolved
The OP has filed private criminal case but summons not yet received. The argument stage is over and the status is 'Order' and one date is indicated. what does it mean. Whether police investgation is over or Magistrate is going to issue order of his own.
2. The defendant in this case had made police complaint much before the private criminal case but no FIR was lodged by police. Now whether the client can file private criminal case against the person who has filed case now before getting summons since police had not lodge FIR.
2. If summons / warrant is issued then what is the way to defend against private criminal case. How much time person gets to defend. Whether the fact of complaint lodged with police wil be useful to defend the case.
Dr J C Vashista
(Expert) 22 May 2016
There is no scope for police investigation in a private complaint till the magistrate directs u/s 156 Cr PC.
In given circumstances complaint u/s 200 Cr PC is to be decided whether to dismiss or issuance of summons of the accused, the magistrate has completed inquiry and the matter is pending for pronouncement of judgment whether the accused be summoned or complaint is to be dismissed.
For your questions you will have to seek services of a local lawyer.
Adv. Yogen Kakade
(Expert) 23 May 2016
I agree with Mr. Vashista.. nothing more to add
RAVI K GOUD
(Expert) 24 May 2016
Just follow the advice of Dr J C Vashista.
T. Kalaiselvan, Advocate
(Expert) 28 May 2016
The private complaints can be made under section 156(3) or under section 200 cr.p.c.
If the summons or notices are not received it means that court is yet to finalise the issue of taking the case on file hence it is posted the matter for orders to be pronounced on the date to which it is posted now.
You want to file a private complaint against the inactiveness of the police on your complaint you can very well go ahead under section 156(3) with a petition before the same magistrate court seeking its direction to the police to investigate and initiate proper legal action as per law on the complaint before it.
