482

Guest (Querist) 04 December 2011 This query is : Resolved
As adviced by my lawyer, I am about to file 200Cr.P.C in magistrate court for 498A, 406. And file 484 in HC (station complaint was closed, FIr is not filed. Only CSR. Even that is closed.). But the matter is same in both the cases i.e., Dowry,
mental, physical harrasment. 1. Is it ok to file 484 after filing 200cr.p.c? Since the matter is same, i feel its repeatable. Is it ok?

2.in 200 Cr.P.C the respondent is termed as "Accused" instead of "respondent" in the petition which we filed. Is ti aceptable or do we need to chang t to "Respondnt" ?

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Devajyoti Barman (Expert) 04 December 2011
Has the police submitted Final Report in respect of the FIR lodged by you?
If yes then you can move the Magistrate to order the Police for re investigation through your protest petition.

Now if you have already filed case u/s 200 of crpc under the self same section then I do thin think going for quashing would be of any help to you.

Guest (Querist) 04 December 2011
deva- thats not 482. i think 484.. not so sure. But that is "directing the case to investigate in HC"

Raj Kumar Makkad (Expert) 04 December 2011
In the present matter FIR has not been lodged so there is no question of filing final report as asked by Barman. 484 IPC is not applicable in the given facts.

M/s. Y-not legal services (Expert) 04 December 2011
since you are only the complainant., even though want to file some petition before high court., actually what you want before high court.?

Rajeev Kumar (Expert) 04 December 2011
Agree with Makkad

Guest (Querist) 04 December 2011
its 482 direction

M/s. Y-not legal services (Expert) 04 December 2011
ya., we know sec 482 cr p c talking about high court's inherent powers., not only for quash.

your seeking direction for what?