Deleting of name from criminal complaint
Harshala
(Querist) 20 July 2012
This query is : Resolved
My quary is about how to deleat one's name from criminal complaint. the details fact of the case is as under:
Mr. X is a stock broker and it has a franchisee Mr. Y who is running his business under the banner of Mr. X (stock broker)
One complainant has filed a criminal complaint U/s 406, 420, 504, 418, 120B of IPC against the Mr. Y (Franchisee)and also made a party to the Mr. X (stock broker). despite of the fact Mr. x(stock broker)is nowhere involve in the criminal fradulent activities carried out by the franchisee Mr. Y. (Franchisee)Judicial magistrate of allahabad has issue a summonce against Mr. X (stock broker) and Mr. Y (Franchisee). Further Mr. Y (Franchisee)has filed a petition against the order of summonsed passed by the Judicial Magistrate and to dismiss the said complaint.so kindly suggest me the procedure to get delete the name of stock broker from aforesaid matter.
Devajyoti Barman
(Expert) 20 July 2012
The details are to scanty to make any advice.
If the case is frivolous you can try quashing.
The Principal(x) may be implicated in the fraudulent acts done by the agent(y).
Give the details of the case.
Raj Kumar Makkad
(Expert) 20 July 2012
X can file a revision under section 397 (1) of Criminal Procedure Code before Sessions Judge or High Court if no allegations are leveled against him in the complaint and if no case is made out against him. At this stage, allegations are to be seen and merits of the case are not to be considered so X has to take his decision in this regard accordingly.
