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R.SHAH (OFFICE STAFF)     30 December 2011

Sec 209,210 ipc with sec 195,340 crpc

dear all,

i have file private complaint before jmfc u/s209,210 of IPC, jmfc send to police for investigation u/s156(3) crpc and police filed negative report, which is nothing but a incompetency and wrong date of offence taken for investigation and submitted negative report under influence of accused.

now i file written argument for issuing process against accused. but judge said whether this complaint is maintainble before this court as the offence was comitted in proceeding before session judge of this court and case was disposed off in favour of accused persons, the fraud played by accused was come to know by me nearly after 8 months and hence i file this private complaint before JMFC of the same court of session judge u/s 209, 210 of IPC.

kindly, advised my case is maintanible before JMFC, any case law to support my present case for issuing process against accused. and also, section 195 crpc or 340 crpc bar comes in my proceeding which one of crpc would be bar for my private complaint.

awaiting for urgent reply.

thanks 



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 2 Replies

Ratnesh kumar (Advocate)     30 December 2011

well u should file aprotest petion against the police investigation in the same court u/s 200 of the cr.p.c. and ask the court to investigate the case u/s 201 of cr.p.c. and present your witness tah court have all the right to take cognigance if he feels that their is prpoer evidnec t o run the prosecution.

R.SHAH (OFFICE STAFF)     03 January 2012

i have not get complete answer to my queries, which involves technical in nature.

u/s 195 crpc and 340 crpc when applicables, in my case i learn fraud after 6 months of dismissal of case.

private complaint is maitnainble before jmfc for IPC 209 & 210.

any case law suitable to my case.


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