Cross complaint by accused

Querist : Anonymous (Querist) 08 May 2011 This query is : Resolved
Counsels,

Can an accused file a cross complaint against the complainant that he and his family were threatened of false criminal prosecution by the complainant.

Will this criminal intimidation be registered and investigated. Is it mandatory that such complaint should be made in the same criminal case that he is standing trial.

Please clarify.

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Querist : Anonymous (Querist) 08 May 2011
Please note that police had already refused to register the case on the ground that the complainant is already an accused and coming with false cases and this police station is in different jurisdiction than the court trying the accused.

PARTHA P BORBORA (Expert) 08 May 2011
there is no bar. but if police refuses to resgister a case you can file it before a magistrate. Consult with a local lawyer.

Guest (Expert) 08 May 2011
You can send your detailed complaint even by registered post, with acknowledgment due, to the Dy./Commissioner of Police or Sr. Superintendent of Police, as the case may be. In your complaint you can also make the reaon clear for lodging complaint by Registered Post on account of refusal by Polce Station to register the complaint.

Surender Kumar Sharma (Expert) 09 May 2011
well i agree with mr. borbora and mr. dhingra

M/s. Y-not legal services (Expert) 09 May 2011
Yes. Am agree with mr.dhingra.

M/s. Y-not legal services (Expert) 09 May 2011
Apart from this.. You can file a private complaint u/s. 200 cr.p.c. against the earlier case's complaint.. After considering your case, if prima faci made out mean the magistrate will direct the concern police to file a case as per your complaint..

M/s. Y-not legal services (Expert) 09 May 2011
Filing petition under section 156 sub class 3 before the concern judicial magistrate is an alternative procedure for the above same..

s.subramanian (Expert) 09 May 2011
You have the option to approach the High Court also under
sec.482 Cr.P.C. for a direction to register FIR on your complaint.

Guest (Expert) 09 May 2011
you have got three modes.

send a complaint in registered post to the superintendent of police.

file a private complaint under section 200 of Cr.P.C. before the judicial magistrate court having jurisdiction

Move before the concerned highcourt u/s 482 of Cr.P.C. to registered FIR to proceed as per law

first upon consult your local lawyer in these aspects for guidance.