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Directions to state

(Querist) 24 January 2015 This query is : Resolved 
Case was filed in High Court for directions to State for registration of case as inspite of repeated written requests to SSP/Police as they were not registering case against the party for preparing of false documents in property case but just lingering on one pretext or other to compromise with the party. As I had to come from other state with a distance of 700 kms to & fro and opposite party and Police knowing this would intentionally making me sit from morning to evening at police station and late at evening the opposite party with number of persons would come and speak in loud tone and thereafter also follow me and threat me on-way. Alternatively I approached the High Court for Directions to State/SSP to register case against the party. The high court dismissed application reads as follows :- Learned counsel for the petitioner prays for withdrawal of the present petition to enable the petitioner to approach the learned area judicial magistrate in accordance with law. Dismissed as withdrawn with the liberty aforesaid. My query is that keeping in view danger to my life and long distance of 700 kms I cannot approach local area magistrate as opposite party would be coming to know my presence and there is apprehension that harm could be caused to me. Can I re-appeal in High Court or there alternate way. Please advice.
Dr J C Vashista (Expert) 25 January 2015
1. Your advocate/counsel has withdrawn your petition on the ground of jurisdiction (subject matter) which falls under the area Magistrate, go through the order again.
2. It is not maintainable before High Court, no appeal lies for the case withdrawn by you. It is your misconception about law.
3. File complaint under the provisions of section 200 read with 156 (3) Cr. P.C. in appropriate court, irrespective of the distance you may travel.
4. Engage and consult a local lawyer.
Rajendra K Goyal (Expert) 25 January 2015
File complaint u/s 156 (3) Cr. PC before the local Magistrate. Consult local lawyer.
kaur (Querist) 25 January 2015
My advocate had replied that since Judge of High Court was dismissing the case that petitioner should first go to area magistrate and hence he had withdrawn the petition so that it could be filed in area magistrate. Can High Court not entertain application u/s 156(3) Cr.PC for directions to state/police.
T. Kalaiselvan, Advocate (Expert) 27 January 2015
The high court is very clear that your advocate has withdrawn the case for filing the same with the jurisdictional magistrate court. Therefore, it is apparent that it was under your request the case was withdrawn from high court and also that the high court has passed an order to approach magistrate court. If you approach the high court once again on the same grounds, it may be treated as contempt of court, so better cast away your fears, approach the magistrate court with an application as directed.
kaur (Querist) 03 February 2015
Advocate had withdrawn the petition as High Court was of view that area magistrate has the power to direct the police to register case but since there is danger to life of applicant for going at place as against whom case is to be register would be knowing the presence of applicant and on one occasion already applicant had saved his life that were the reasons why the applicant had approached the high court to give directions to state/SSP to register case. Keeping in view the life and liberty of the applicant is there my case can be re-considered by High Court or can I file SLP in SC since there is danger to my life I cannot approach the area magistrate where the opposite party resides. Please adivce.
kaur (Querist) 12 February 2015
I have obtained certified copies. My advocate advised that since Judge was at point to dismiss the case I had no option but to withdrew the petition so that it could at least come in our favour to approach the area magistrate. Since go to area magistrate where the opposite party resides is risk to my life can I once more approach the high court for review of petition with change of advocate as One advocate had advised me of this opinion. Before I proceed I would like to know your comments which may please be advised.
kaur (Querist) 24 February 2015
Can Review petition be filed in the present case in High Court. Please advice
Anirudh (Expert) 24 February 2015
What is there to review when the petition is not before the HC (as it had been very rightly withdrawn by your Advocate, after coming to know that the HC is about to dismiss the petition)!

The First forum where you have to approach, in case the case is not being registered and investigated, is before the jurisdictional Magistrate. Which, you do not want to do for your reasons. HC has nothing to do with it. Please remember, even if any direction is given to the Police to register and investigate, they will be submitting the report only to the Magistrate. You may have to necessarily visit the place. Therefore, that it is more than 700 KMs., and other perceived difficulties will have no meaning. In case you want anything to be done, then you should be prepared to face the challenge. At best, you can ask somebody - like brother, husband etc., to accompany you.
kaur (Querist) 01 March 2015
I have approached personally at HC to Chief Justice and submitted application. After few days I received reply from Registrar General (Criminal ) HC that that I need to move on the judicial side for redressal of my grievances for filling application/petition. My query is that do I need to again file same petition to Registrar (Criminal) of HC and can I file without the services of advocate. Please advice.


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