Same complaint after dismissal

u can appeal to HC if u r not satisfied with judgemnt by JM and session court

But can I file the same complaint if I think I have some additional evidence.

You should provide such additional evidence (duplicate copy) to police and if police not takeing such additional evidence than u can make affidavit with that evidence and submit befor JM

thanks

ravindra sonavane

Dear Pushkar,

First of all the judgment of 1999 which stated that if the police files a report stating that the offence has not taken place and the dismisses the application u/s 156 (3) Cr P C and further stated that the complainant is not having right to prefer complaint u/s 200 of Cr P C is over ruled.

That, as of now the situation is even if there is a police report which states that the offence has not taken place, it is the jurisdiction of the Magistrate to take cognizance of the offence and record evidence of the complainant u/s 200 of Cr P C and call for report and can proceed further to record evidence u/s 202 of Cr P C of the complainant and witnesses and can issue process to the accused persons.

That in view your Criminal Revision Application having been dismissed by Court of Sessions, prefer Criminal Application u/s 482 of Cr P C challenging the veracity and illegality of the order dismissing your application u/s 156 (s) Cr P C.

If required, will send you the citation where in Apex court as well has held and stated that it is jurisdiction of the Magistrate to try the application u/s 156 (3) Cr P C as a private complaint u/s 200 of cr P C.

Hope this satifies your querry. Feel free to communicate.