- Section 202 empowers Magistrate to postpone issue of summons to accused until be directs investigation by police or himself inquires in to the complaint as any offence is made out or not. Magistrate is in doubt whether any offence is made out or not.
- Having once approached High Court and the High Court having declined to quash FIR, there is very bleak possibility that their petition will be entertained.
- They can certainly approach High Court for quash of fresh complaint under Section 406, 418 and 420 as it is an after thought. Complaint is filed to compensate for dropping of charges.
- Ingredients of offence under Section 376 and 307 are distinct from Section 498A. The complainant being wife, quash will not be entertained by High Court.
- Grounds of jurisdiction in 498A is not available now, as law laid down in Jacob v. Inspector Police is overruled by SC now.
- You have good case for quash of 420 complaint.
376, 307 charges dropped in chargesheet submission and to harass us new complaint filed u/s 420
I will tell the brief details of my friend's case below: There was a false case filed against my friend last year u/s 376, 307, 323, 504, 506 in UP which is outside their jurisdiction of Delhi NCR where my friend and his family reside. They approached Allahabad high Court for quash of the same but the judgement came below: "...after considering the various decisions including State of Haryana v. Bhajan Lal (AIR 1992 SC 604) that there can be no interference with the investigation or order staying arrest unless cognizable offence is not ex-facie discernible from the allegations contained in the F.I.R. or there is any statutory restriction operating on the power of the Police to investigate a case. From the perusal of the FIR, prima facie it cannot be said that no cognizable offence is made out. Hence, no ground exists for quashing of the F.I.R or staying the arrest of the petitioners. " After this verdict they joined the investigation under compliance of 41A and IO taking witness statement(he came to delhi NCR to do the investigation which is outside his jurisdiction). IO found that no rape has been commited and he dropped the charges of 376 and 307 and added 498A for verbal fight between both parties. Now the case is submitted in UP court u/s 498A, 406,506 and removal of 376 and 307 and magistrate took cognizance and issue summon is in process Now the opposite party, to harass them more filed a new complaint case in court u/s 406,418,420 recently after 7 months. Seems police declined for FIR and they put 406,418,420 in court for complaint case and statement u/s 202 will take soon. what is statement u/s 202 sir? What should my friend and his family do..please advise us.. 1. can they approach high court again since 376 and 307 were dropped, for quashing of proceedings which are taking place outside the jurisdiction.. 2. can they approach high court for new complaint case and earlier case where charges were dropped telling that malafide intention and harassament.. can high court quash 498A, 406,506 as investigation found nothing for 376 and 307? can high court make decision that it is indeed to harass the party they filed new complaint case u/s 420 should they approach high court that outside jurisdiction both old and new cases are filed.. they don't know what to do anymore.. they are really confused and broken as opposition is repeatedly filing case to harass them in court. if any other advice please help us
Asked 2 years ago in Criminal Law
Religion: Hindu
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10 Answers
Section 202 Cr.p.c. states thus:
Any Magistrate, on receipt of a complaint of an offence of which he is authorised to take cognizance or which has been made over to him under section 192, may, if he thinks fit and shall in a case where the accused is residing at a place beyond the area in which he exercises his jurisdiction, postpone the issue of process against the accused, and either inquire into the case himself or direct an investigation to be made by a police officer or by such other person as he thinks fit, for the purpose of deciding whether or not there is sufficient ground for proceeding;
1. The high court already has passed the order dismissing the quash petition for the reasons shown therein, however since the complaint is once again made afresh it will be a new case to which the proposed quash is sought, but it should be pleaded on merits and not on the jurisdictional point of view because the previous judgment is very clear about the jurisdictional aspect.
2. High court may not entertain any fresh quash petition on the same grounds just because the charges under other sections were dropped.
In fact the plea taken over the jurisdictional point of view seeking to quash the FIR may not be entertained because the case is at the preliminary stage only, if the charge sheet is filed after investigation and you find any lacuna in the investigation or feel that the charges are false then you can file a quash petition to quash the charge sheet on the basis of the contents of the charge sheet alone and not o the jurisdictional point of view, because the investigation has been conducted by the agency and has submitted their final report, therefore the court which is taking cognizance of the offence can be an additional adverse inference over your plea of jurisdictional point.
The section of 376 which was removed was on my friend's brother. Though IO added 498A but my friend and girl were living in live-in relationship and many evidence and legal document proving of live-in relationship. opposite made it marriage through pics of party when in fact it was live-in agreement to which she also agrees in evidence. Can my friend's brother take any legal action as 376 is removed which was upon him.. can his brother file malicious prosecution and defamation in delhi NCR due to removal of 376 and new case under 420 againt my friend and his brother speaking of after thought and further harassment. can they approach quash of 498a which is added based on live in agreement or the district court itself close case due to live in relationship? regarding new case of 420 against them, what should they do?
Asked 2 years ago
- If it can be proved that she is not legally wedded wife of accused, you will get acquittal from trial Court. But it is not a case of quash, as dispute as to marriage is involved which requires to presentation of evidence and examination of witnesses. High Court will not go in to that.
- A criminal complaint for defamation can be filed only when the accused is acquitted after trial by Court. Where charges are dropped, FIR is quashed, accused is discharged defamation cannot be filed.
- You can seek quash of 420 complaint.
1) police carry out investigations ,record statements of accused and file report
2) quashing is to be done only in exceptional circumstances
3) HC is reluctant to quash FIR pending completion of investigations
4) better option is to file for discharge before trial court
Your brother can file defamation case under section 500 of IPC
don’t file for quashing g in 420 case
The fir has been registered and is going on. What are the contents of the complaint on the basis of which this was filed? Are they the same as the fir?
This is malicious prosecution. File a petition in the High court in 482 for quashing of the complaint.
In what districts have the complaint and the fir filed??
If the sections have been dropped the opposite party may file a protest petition against the filing of the charge sheet.
The case is one of rape and cruelty. While they are not married how could she have filed cruelty!
Anyways please share details of the content and the case if you wish to proceed further.
A defamation case can be filed in this once the charges have been proven false.
The removal of section 376 IPC by the IO itself will not entitle your friend to take any action against her, if the case is dismissed by the trial court then also your friend can sue only the police for malicious prosecution and not her.
The dispute is not over the live in relationship, the dispute is over the offences as charged by the sections framed in the charge sheet/FIR, hence this plea cannot be taken now before the high court to defend your interests, instead this can be handled effectively during the trial proceedings when the trial begins in the trial court.
Dear client I am sorry to hear that but in this case your friend can approach the court and file an application to quash all the FIRs
Yes they can approach for quashing. The fresh charges also can be quashed being charges for same offence
