Criminal misc peition status

This query is : Resolved 
 


Querist : Anonymous (Querist)
05 December 2018

Sir/Madam, I am in legal battle and police complaints with a builder, from whom I bought a flat, since 2015. Recently the Sub Inspector from a particular PS called for an enquiry on 08.11.2018 and referred the same complaint (01.05.2018) with PS and Defamation notice (May 2018) for which I replied in 2 weeks and told that the builder filed an affidavit and the Judicial Magistrate ordered an enquiry / statement under Cr Pc 91 & 161 and my statement was supposed to be submitted on or before 16.11.2018 to the Court. I submitted a two page statement (was told to complete in single sheet and returned another paper to the constable) on 8.11.2018. Later on 13.11.2018 went to the PS and requested for the copy of Complaint / affidavit and the SI told that is not his duty and asked the writer to give enquiry summon so that the case number will be mentioned and we got it and noted the case number, CMP xxxx / 2018. Till date the case number is not reflected in online / case number / case type/ pending in 2018 / closed 2018 or in the cause list. Advocate filed a copy application on 29.11.2018 but till date the case record not received.
Looking forward to understand the process, consequences, preventive measures and counter measures and further advise on this.
Thanking you all in advance.



KISHAN DUTT RETD JUDGE (Expert)
06 December 2018

Dear Sir,
Usually the Magistrate when receives private complaint under Section 200 Cr.P.C he refer the same to the concerned police to further enquire under Section 156 (3) of Cr.P.C. Such cases will be available in the Concerned Court and you can obtain certified copy of the same from the Concerned Court. If there is no such case before the Court then you are in safer zone since it shows that police doing preliminary enquiry on the complaint lodged by the builder.

Please mark “LIKE” if satisfied by my answer.


Querist : Anonymous (Querist)
06 December 2018

Dear Sir,
Kindly accept my sincere thanks for your attention and expert opinion.
I have another query Sir, Whether JM will sign a memo and send to PS and advice enquiry under CrPc 91 & 161 without registring the case. Little bit confusion here, as the CMP no is given but not found in case no/ case type search but other CMP numbers- Pending and closed for the year 2018 found. If number mentioned in memo, is there any possibilty for not updating in e-portal. Copy application pending for since 29.11.2018. Kindly advise further. Thanking you

Dr J C Vashista (Expert)
10 December 2018

You have concealed your identity and preferred to remain "anonymous" author, whereas such person is not obliged by experts as per rule of this platform.
You should have opted to consult a local prudent professional lawyer to find out status of the case from concerned Court.



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