Legal Question in Criminal Law in India
a complaint was filed with police. when no action taken complaint was filed in court. magistrate is awaiting police report and has kept the complaint in suspension. police have not filed any report for nine months . can the complaint be revived without waiting for police report?
Asked on 5/17/12, 8:12 am
3 Answers from Attorneys
RAJIV GUPTA
(Cell: +91 9811284735) [email protected]
on the next date of hearing, your counsel may press for the police report. have you moved an application u/s 156(3) IPC also along with the complaint?
Answered on 5/17/12, 11:03 pm
Sudershan Goel
India Law Offices of Sudershan Goel - Advocate
Yes, the complaint can be revived; you may lead your "preliminary evidence" and the court may decide about summoning of the accused, if a prima facie case is found in your favour.
Answered on 5/18/12, 7:28 pm
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