Order on summoning
Vijay Bali
(Querist) 21 January 2013
This query is : Resolved
If in a criminal case filed u/s 156(3) of CrPC, 1973 - The Hon'ble Court, after the submission of status report which favors the contentions / allegations in the complaint, decides to proceed u/s 200 in the matter and the pre-evidence thus recorded, in the due course of proceedings also proves, in total the averments vis-a-vis allegations made in the complaint - do the Hon'ble Magistrate is justified in 'Dis-missing' the complaint at the stage summoning orders - the order being titled under the head 'Order on Summoning' - though this said order clearly specifies to the 'Averments / Contentions / Allegations' being totally proved in the pre-evidence.
Raj Kumar Makkad
(Expert) 22 January 2013
If the order is erroneous then file a revision against the same before Sessions Judge and get the order reversed.
james
(Expert) 22 January 2013
Complaint has to be filed u/s 190 crpc.when such complaint is received court can send the same to police under 156(3) for registration and investigation.Police will file a final report. Another optioin of the magistrate is to proceed under sec 200 and conduct enquiry and if there is no prima facie case ,court can dismiss the complaint.But if evidence,court will issue process to the accused .
Raj Kumar Makkad
(Expert) 22 January 2013
*james! there is also a third option with the magistrate. He can send the complaint for report under sectiton 202 Criminal Procedure code.
