Frivolous or Malicious litigation

Dear Anuradha,

Since you have put your grievance in an open forum visited by thousands every day, it can hardly remain confidential !

Having said that, the case against you is bound to be dismissed especially if your lawyer makes an application in this sense. Even so, you will have to appear three or four times before the case is finally dismissed.

In spite of having crores of cases pending, the courts are very reluctant to let go of useless litigation. They act as though their very lives depended on this. In a sense this is true, every time you go to court, you shell out your hardearned moolah to lawyers, peshgars and a variety of people.

As for taking court action against your adversary, it is a question of good money chasing after bad. As we say in French, vengence est un plat qui se mange froid. You can however write to all your professional collegues narrating your horrid experience with this particular customer, so that they are on guard.

Best of luck

I think this is S. 200 CrPC Complaint case filed by complainant. The compalinanat must have crossed bar of S. 195 CrPC to do so on admission stage. Then the complainant might have called witness for pre-cog. stage to register application of mind by the MM to issue upon a summon to you for first taking bail and then making your appearance compulsory while complainant is relaxing back !. Which is what exactly you were made to do. Now your only good chance is to approach HC with S. 482 CrPC to quash such frivilous and vexatious complaint cases if you can convince HC on admission stage that it was filed on melicious grounds. ask your Ld. Counsel to do file inspection and also take all certified copy of entire file to understand where the complainant has maliciously given malacious facts to go on cog. stage this application of his / her. At HC level call for TCR (trial cort record) . Your purpose is now solved and trauma of appearing on each trial court dates will be solved if you approach HC and quash the complaint case of trial court. however you need a good Counsel for all these to do. All the best.
Rgds, D. Arun Kumar, New Delhi.

The same quarry was raised by you in the open forum and it has well been replied so nothing to add more in the already submitted reply.

 I don't understand this:

despite summon being served and serviced

Summon on the complainant? Please clarify.

Yes Sir,

Despite the summon has been serviced to the complainant, she is not coming to the court on dates for the past almost three years. The trial has not been started. I do not understand why the court is unable to take any action. In my opinion it should be a matter of contempt. 

If this is how the criminal cased are dealt with in our country then anyone can file a frivolous police complaint, get the person arrested on baseless grounds and sit back at home, to harass and trouble anyone. 

 Please clarify. Why summons shall be served on the complainant? Is it your complaint? The problem is with the respondent. If the complainant is well represented by her lawyer, what is the problem?

In criminal cases- the summon is served to the complainant because they are the chief witness in the matter and their attendance is needed to proceed for the natural justice, as per my knowledge.

 On the complaint filed by the complainant, summons are served on the respondents. I have not known that it is the other way round. 

If the complainant is not appearing before the court despite the summons being regularly served upon her....then you/ your lawyer should ask the court to proceed against the complainant under sections 87 & 88 of CrPC to procure her presence on the date fixed.....if despite this.....she will not appear before the court....then the court has the power to issue arrest warrants against her.....

2nd option available for you is to move before the Hon'ble High Court under section 482 of CrPC to quash such a false, frivolous and baseless FIR....

 If the learned advocates opine that a complainant has to appear before the court after SUMMONS have been served upon her on her own complaint and she doesn't, get a warrant issued against her.

Anuradha

Your problem is a practical situation which is prevalent in trial courts usually in small districts. Normally in false case the there are two motives of complainant

1. Get the accused arrested

2. to make the maximum harrassment

The complainant has achieved first and now he is pursing second objective.

My suggestion is :

1. on every hearing give written submission regarding the behavior of complainant

2. the exemption application shud be opposed and you should ask for costs

3. after reasonable opportunities file and application for dissmissal of case 

4. at this stage definately MM will have not option but to give final opportunity to complainant and in next hearing case will be decided.

After getting case dismissed ex party you can nail the complaintant under various sections of IPC

sanjeev

Mr. Anil Agrawal....in this case, an FIR was registered under section 420 IPC on the complaint of a person....and the charges have been framed.....now its the duty of the prosecution to prove its case.....and if the prosecution failed to get the presence of the complainant on no. of dates....then the court may proceed against the complainant under sections 87 & 88 CrPC to procure her presence....

Anuradha

You will get following remedies against false cases

I think above cases shall be sufficient to nail the complainant. But please remember that alll these remedies are available after acquittal only.

sanjeev

but gaurav ji normally the exemption applications are filed through advocates mentioning lame excuses. Normally what happens in small towns is that advocate file an exemption application and next date is taken and complainant does not come.

What the accused can do if exemption application is accepted except at mercy of court

sanjeev