If Majistrate and session judge have dismissed the application filed under Crpc 156(3) after recording statements under Crpc 200 and 202 ..then can it be challanged in HC u/s 482..what is the probability of success there?
vivek (student) 16 December 2012
If Majistrate and session judge have dismissed the application filed under Crpc 156(3) after recording statements under Crpc 200 and 202 ..then can it be challanged in HC u/s 482..what is the probability of success there?
Advocate M.Bhadra 16 December 2012
Your query is not clear,if any application is reiected u/sec 156(3) Cr.P.C. then the complainant can file u/sec.200 Cr.P.C. as a private complaint.Petition u/sec. 482 has a provision for quashing the case after register the case as an FIR, but merit under this sec.would admit in rare cases.
vivek (student) 16 December 2012
actually first application was filed u/s 156(3) then after that it was treated as complaint case and statements u/s 200 and 202 recorded then majistrate dismissed the complaint stating that all the witnesses are family members and there there is conflict between their statements .Now what can be done through application u/s 482 in HC
Mohd Musabbir Ansari (Legal Practice/Litigation New Delhi 09582547570 ) 16 December 2012
under section 482 Cr.PC high court has very wide power for the purpose of securing justice. It would not be wrong to say anything can be challenged under this provision. your success to win? it all depends on what kind of contradiction are in statements.
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