In a fight, one party hand fractured and they lodged FIR against other party, other party also got minor injury but their FIR has not lodged as they presented false story, After one month they approached to court U/s 156(3), Court denied to order for FIR, But court allowed pre evidence for summoning of accused in their complaint case. (they hidden the facts that FIR lodged against them)
Party whose FIR not register also approached to Police Commissioner, In which commissioner order investigation and after investigation police found their complaint false and closed their complaint.
Now what first party can do on the basis of below evidences:-
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The other party is the aggressor and FIR lodged against them which they hidden this in complaint case.
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They have hidden the fact that they are on bail & facing trial in court on same incident.
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Police found their complaint false and report submitted to commissioner. Copy available with first party.
Now what remedy available with first party, when summoned in complaint case,
Present above evidence in court knowledge or go for quashing summon / complaint case to higher court with above evidences.
Please advice.
