Yes you can restore your complaint till it's not disposed off. Otherwise fresh complaint will be have to filed
Can I take over or restore the complaint, in my name, since the threats are on me
1. i was the auction purchaser from public auction of state financial corporation. the money was paid in full.' 2. after sale confirmation, i came to know, that defaulter-borrower, is staying there only, in one floor, that point hidden by SFC. he is a crook 3. he approached my sister and gave threats that , i should withdraw from the sale or i will be eliminated etc. my sister recorded the threats. 4. complaint given in her name. separate city . FIR done. chargesheeted also. 5. he gave further threats to my sister not to give evidence, she delayed, she filed her vakalat thro an advocate, who told the court, orally, that threats are there etc, 6. the court , made her evidence as nil. in a mala fide manner and dismissed the CC. 7. can i now approach the High Court, to restore the complaint, IN MY NAME, THAT THE THREATS , ARE ON ME, SPARE MY SISTER, I RUN THE CC now.. like that, 8, any precedent ? 9, i cannot give fresh complaint.. i am interested in restoring that complaint, in my name, in interests of justice 10 pl advise, can i do ? citation pl
Asked 6 years ago in Criminal Law
Religion: Hindu
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11 Answers
Yes you can file a criminal revision against the order of dismissal of complaint on these grounds.
Regards
it is necessary to peruse order dismissing your complaint
2) what were reasons mentioned for dismissing the complaint
3) you can challenge the said order of Dismissal
- There is no provision in the Code of Criminal Procedure for restoration of a criminal complaint case like Order IX of the CPC
- You can restore the same only after filing an Appeal before the High Court against the order of the trail court .
- Since, the said complaint was filed by your sister and not you , hence the same complaint petiton will be restore in the name of her only and not you. Chances to restore the said petition is maximum ,
- After restoring the case in the name of your sister , you should move an application before the trial court for the same , after narrating all the incident of threat.
- Court may exempt her for personal appearance , and may permitted you to approach the case in the interest of justice.
You can file restoration in the same court.
Sir you can file a fresh complaint for threats on you for the complaint of your sister she has to get same restored and file the evidence before the court.
The complaint cannot be restored in your name.
1. The complaint case was filed by your sister. So your sister alone can file an appeal to challenge the order of acquittal.
2. You have no locus to challenge the order.
File FIR for house trespass and criminal intimidation. Submit application for cancellation of bail for continuous threat.
You should file separate complain to house trespass and criminal intimidation. Complainant cannot be change.
You should restore the complaint on name of your sister because the initial complaint was filed by your sister and you cannot restore the complaint.
Dear Sir,
In order to get the complaint restored, a complainant, poor or rich, has to knock the door of the High Court under section 482 of the Code of Criminal Procedure 1973 (CrPC).
If the complaint was given by you then what's your sister doing in it.
If you were the defacto complainant then you can prefer an appeal against the dismissal of the criminal complaint case.
