Daniel Thorat (General Manager (last job)) 22 November 2010

420 IPC

FIR lodged where an agreement specifying arbitrator and specific civil court exists. FIR managed through complainant`s approach /special relationship with SSP. Matter of civil dispute nature. CJM never served any summons/warrant,but sent NBW in July 2009 on the accused who is doing medical research abroad since 2003 and was not served. CJM has sent 'back the FIR to the concerned police station. Question : a)Procedure for cancellation of NBW b)Procedure for cancellation of FIR before CJM (not before HC) c) Definition and precise scope of Economic Offences (wing) in the police.

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5 Replies

(Guest)

It depends on the facts and allegations whether offence is made out or not. Mere oral or written agreement will not exclude the jurisdiction of criminal courts. You may approach a High Court lawyer with complete record for definite opinion. You may pray for cancellation of NBW before CJM concerned and apply for discharge before CJM or move High Court for quashing the FIR if the lawyer advise that the offence is not made out on facts and allegations..

adv. rajeev ( rajoo ) (practicing advocate) 22 November 2010

File a write before the High Court challenging the order of the Lower Court.

Ayub S. Pathan (Legal Adviser) 22 November 2010

Be Specific.

Facts are not clear.

Make sure your query reaches to all correctly.

ok.

(Guest)

1. File a petition u/s 70(2) of Cr.P.C. before C.J.M

2.Above C.J.M only High court has power to adjudicate the matter.

3. In every civil case the same set of facts will invoke the criminal jurisdiction. So the each and every fact can be decided by peculiarity of it nature.