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Smita_L01042008 (student)     23 December 2009

criminal complaint before judicial megistrate

1. a person has filed complaint under section 406, 420 468 and 34 if IPC before judicial megistrate class I


2. summon was serve two days before hearing date


3. however the matter is pertaining to business trades and civil in nature. it is already subjudice before appropriate authority.


kindly guide in view of the above fact can  the megistrate entertain the complaint

is it necessary to take anti. bail


 4 Replies

MOHANA SUNDARAM (Advocate High court Madras. M-9840908555)     23 December 2009

Receiving summon two days prior to the hearing does not matter here.

It may be pertaining to business transaction but without any facts of the case, we cannot come to the conclusion that the case is civil in nature.

it is always advisable to get anti.bail if there is apprehension of arrest.

Anil Agrawal (Retired)     23 December 2009

 Full facts please.

Swami Sadashiva Brahmendra Sar (Nil)     24 December 2009

Mr Sundaram is right. You may also file an application before High Court u/s 482 CrPC for quashing of proceedings on the ground that matter relates to civil dispute and no offence is made out.

Swami Sadashiva Brahmendra Sar (Nil)     24 December 2009

kindly check , if  this article  is helpful to you - "Quashing of FIR when dispute is of civil nature" 

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