Legal Question in Criminal Law in India

X fled complaint against Y before Police. After 3 months (while the police obtained the letters, statement from Y, another witness observed) X approached JMIC and got orders for registering the FIR.

Now Y is in HC for quashing� on factual as well as procedural grounds.
PROCEDURAL :-
(1) No procedure adopted that he would have approached proper forum i.e. Senior Police officer.
(2) No copy of Police Complaint annexed before the JMIC
(3) JMIC did not call police for the status report
(4) CAN JMIC direct registration of FIR under section 156(3) during pendency of the complaint before the Police, without seeing/calling the status report.

Asked on 3/02/11, 5:06 am

dilipkumar joshi dilipkumar joshi

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court must stay complaint under section 210 of cr.p.c. and call report from police. else entire proceeding is vitiated

Answered on 3/02/11, 6:51 am

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