Presummoning evidence

Surrender K Singal (Querist) 07 January 2014 This query is : Resolved
Without any locus standi before Metropolitan Magistrate who has rejected complaint u/s 156(3) CrPC but proceeding with recording Complainant's presummoning evidence, how can a proposed ACCUSED submit an Order by ADJ in Civil Suit for the same matter, being agitated in Criminal Complaint as Police did not file any FIR for the prima facie Civil matter ?

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SHIRISH PAWAR, 7738990900 (Expert) 07 January 2014
It seems that MM court has taken the cognizance and issued process against you. You take the order on record while recording evidence in cross. Appoint advocate.

Devajyoti Barman (Expert) 07 January 2014
He can apply for its certified copy.

Advocate. Arunagiri (Expert) 07 January 2014
Once a private complaint is filed before the magistrate, it is the discretion of the court,
1. to reject it.
2. forward it to police
3. order enquiry u/s 202 cr.p.c.
4. taking it on file and order summon or warrant to the parties u/s 204 cr.p.c.

Pending or disposed civil case is not a bar to file a criminal case.

In fact the findings (except certain findings) of the civil court will not bind the criminal court.

Surrender K Singal (Querist) 08 January 2014
How can the proposed Accused file certified copy of an Order in Civil Suit for the same cause of action, before being summoned i.e. at the presummoning evidence stage ?

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