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Radha (Advocate)     14 October 2010

Criminal Complaint

Sir,

I had filed a criminal complaint in the Andheri Court u/s 202 of CrPC against Mr. Y for criminal breach of trust and cheating. Thereafter I also moved against an arbitrator for breach of contract and go the award in my favour. Hence Mr. Y filed a criminal complaint in the Bandra Court falsely alleging forgery and cheating and got an order from the Bandra Court u/s 156 (3) of CrPC. Can I quash the Bandra Court investigation order u/s 156(3) of CrPC?

 

Regards.



Learning

 5 Replies

penjuri venugopal (Advocate)     14 October 2010

You can file quash petition before Hon'ble High Court , Bombay for quashing the case. I can give detailed suggestions in this case if you provide full details.

venkatkrishna (AGM)     14 October 2010

Radha

You being an Advocate could not place the correct info in your msg. 

1. you told that  you hv filed u/sec 202 Cr.p.c for Crl breach of trust.  But Sce 202 of Cr.P.C is " Postponement of issue of process.  If it is under IPC  the Sec 202 is " intentional ommission to give info of offence by person bound to inform"  which section is correct in your case?

2. You told that   "  you  moved against  Arbitrator   for breach of contract and go the award in my favour.   Could not under stand what you exactly want to say.

3.   The next issue  is   case filed by Y against  you  is  a pvt complaint.  The court might have  directed the police  to investigate the matter only.  Now the police  will investigte and  they investigate and file their report  At this  stage you  have no ground  to fo to High Court for squashing of the case. To approach H.C  certain procedure is there.  High court  will not  squash the order for investigate a cse.

thanks........

Sachin Sarda (Lawyer)     15 October 2010

Venkatkrihna is correct to the extent of sec 202  Cr.P.C, but Radha can take chance of quashing of order 156(3) there is no harm

venkatkrishna (AGM)     15 October 2010

There is no provision for  quashing of  order  to  investigate .  I have not seen any judgement  on quashing of  order U/sec 153 (3).  If you  are sure  and have any material in your hand pl  provide  so that  we  also can  utilise.

DEEPAK ASSOCIATES (08010117611)     15 October 2010

Revision Petition against the order 156(3) is maintainable, hence mover the revision petition in session court.

The double bench of Allahabad court has delivered the judgement published in

2001(1) RCR (Crl) 83

that the revision petition is maintainable.

you can put all the facts before the court.


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