FALSE COMPLAINT AND QUASHING THE SAME

hello Mr. Sawant, i dont know to which particular query u ve replied....since u r an active participant here, I would like to make a little change in ur post.

No writ petition lies under S.482 Cr.P.C, only the inherent powers of the court are invoked for the quashing purposes.

hope u wont mind :)

sir  i was booked under false fir under sec 420 406 506 by my partner of my bussness it was civil case but he filed crminal case first and now he filed civil case too and freezed my all a/c of bank sb and cb with help of police

a/c which are freezed are not of partnership firm he false stating that is his money but i have all a/c of that money no charge sheet is filed till now i think they wont also they want me to compromise with him but fact is that i have take money from him

now i am working as consultent in one compny can i go abrod for bussness tour as my bail conditions their is no mentions about this matter most imp plz relpy soon if u want any more detail plz ask me

If in the bail order there is no condition for surrendering the pass port or restricting you to go abroad, then there is no impediment for you to go abroad for business purpose.  You see that you can come back by the next date of hearing.  If you cannot come back by next date of hearing, you can move an application through your advocate in advance seeking exemption from appearance for the next date of hearing. 

what if a false case is filed without any jurisdiction but magistrate refused to decide upon jurisdiction and insist upon accused presence who lives abroad and unable to attend the hearing

If the documents available to show that no case can be made out against the accused (means false case), the course of action is to approach the High Court under Section 482 of cr.p.c. for quashing the criminal proceedings.

Dear sir,I am not  looking for this lengthy  and expensive process for an innocent accused who was issued with summons followed by a warrent to remain present at the court by a magistrate who does not have santion of law to issue such orders? Why the accused had to spend so much money and take trouble for the negligence of the magistarate who simply does not wish to follow the law while admitting criminal complain without jurisdiction then refused to accept an application and refuse to decide upon the jurisdiction for the reason best known to him.Surely there must be better and speedy  remedy for an accused, who lives abroad, to force the magistrate to decide upon jurisdiction for which he is refused to even accept the application. Any advise upon it pls.

Then approach the High Court under Section 482 cr.p.c. for quashing the F.I.R. if it is a police case or complaint, if it is a private case and also quashing of criminal proceedings, if you are quite sure that on the basis of the documents you can prove that the accused is innocent. 

The false  private complain was filed on  civil matter to pressurise the accused after applicant failed to get relief from high court in civil case and hence tried to convert into  a criminal matter by making false statment and facts to secure the magistrate' jurisdiction.The magistrate issue the process without applying his mind and refused to decide upon jurisdiction even after asked by accused to do so.Why the innocent accused spend money and time to approach high court just because magistarte issue a prcess without jurisdiction and later refuse to decide upon jurisdiction first.How to force the magistrate to decide upon jurisdiction first rather then approching high court for that matter?

The criminal court presided by magistrate does not have power to review its own order and once process is served it cannot recall its order.  No party can insist the court to decide the preliminary issue of jurisdiction at the first stage itself.  The appropriate course is only to appear before High Court, if the accused is so confident about his legal right and can convince the High Court to invoke its inherent jurisdiction.

How will you then interpret section 322 of Cr.P.C.Sir

For my mind Section 322 (1) (a) is not applicable in this case for the following reasons:

(1) the stage of case must be either in inquiry or in trial stage;

(2) there must have been evidence collected in the case;

(3) It is purely subjective opinion of the Magistrate to come to such conclusion that he has no jurisdiction to try the case or commit it for trial;(you can argue by logic that he  should come to such subjective opinion and finally it is upto him to reach to such an opinion or to deviate from such opinion)

Assuming, even all the conditions are fulfilled, then also he cannot himself quash the proceedings but to stay the proceedings and submit the case to his higher authority, i.e., CJM.

The issue of process is also part of the same  judicial process takes place between inquiry and trial and hence jurisdiction issue can be raised at that stage and in fact as per recent judgemnet in the case of Fatma Bibi Patel v/s State of Gujrat  https://indiankanoon.org/doc/1882399/ ,Jurisdiction issue can be raised at any stage of the proceeding and it further says that order taking cognigence must be held whollly ilelegal without jurisdiction.Hence why  can't the magistrate be froced upon to decide upon jurisdiction when application is made along with evidence before he insist upon the accused presence? In my view the issu of summons  followed by warrent without jurisdiction is it self ilegal act  hence the accused is not obliged to follow such order.Looking for more participation from other member pls.

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.9271971251

e.mail.adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com

WITH REFERENCE TO FACTS OF THE CASE OF PS.MID ABOVE KINDLY NOTE THAT.

1.A FALSE COMPLAINT IS FILED UNDER CERTAIN PROVISIONS OF I.P.C. YOU MAY APPROACH HIGH COURT AND FILE A WRIT PETITION ON THE BASIS OF ILLEGALITIES AND GET THE F.I.R.QUASHED.

2.AS FAR AS CIVIL SUIT IS CONCERNED THE PERSON HAS BORROWED LOAN HENCE HE HAS TO DEFEND THE MATTER IN CIVIL COURT AND TRY TO PROLONG THE MATTER TILL HIS FINANCIAL POSITION IS RECOVERED. ANY APPLICATION FILED IN CIVIL SUIT IF REJECTED THEN REMEDY WILL BE IN HIGH COURT AND THE PROCESS TAKES QUITE SOME TIME AND THE PERSON CAN DELAY THE CIVIL SUIT TILL THE MATTER IS PENDING AT HIGH COURT.

IN CASE ANY FURHTER HELP IS REQUIRED KINDLY SEND DETAILS OR WRITE OR CALL.

WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.

YOURS SINCERELY

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

Dear Prabhakarji,

  Awaiting yr response to my last mail.Pls.respond with yr valubale advise.