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kumar ajinkya (service)     27 July 2025

Private complaint u/s section two hundred of cr.pc.

Hi All

In 2020, I filed the above mentioned private complaint in Gurgaon Court.

The court asked the local Police Station to submit ATR. The local police did not intervene and filed a false report stating "no cognizable offence found". The court asked for examination of the complainant and witnesses and I gave my statement and evidence to court 2 years back.

Last year, we prepared credible and strong written arguments highlighting the falsity of police report and handed over to the judge. The judge read the arguments and said that these will be taken on record on the next date and decision to summon the accused will be taken. 

Since then, the judge has not heard the case and keeps on giving long dates.

Can anyone suggest options to get a early hearing and move the case forward for summoning of the accused.

Regards

Ajinkya

 



 4 Replies

T. Kalaiselvan, Advocate (Advocate)     28 July 2025

You can move an application under section 482 cr.p.c. before high court seeking direction to the concerned magistrate for speedy disposal of your private criminal complaint 

Dr. J C Vashista (Advocate )     28 July 2025

If the ATR is not proper you / your lawyer should file a protest petition with evidences.

However, as advised by learned senior expert Mr. T Kalaiselvan, which I fully agree and endorse his opinion and advise you should file a petition before P & H High Court under section 482 and Article 227 of the Constitution of India to issue necessary directions to Trial Court for early (within a time frame) disposal of your complaint.

kumar ajinkya (service)     28 July 2025

Many thanks Mr Kalaiselvan and Dr. Vashishta. I will speak to my lawyer about these options.

Regards

Ajinkya

 

T. Kalaiselvan, Advocate (Advocate)     29 July 2025

You are welcome for your understanding


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