Three cases under same section in same court with same facts
Respected sir, a person file a case against me in lower court u/s 156(3) in 2008. A FIR u/s 406 was registered. Police file FR in 2009. In protest petition court again order for reinvestigation. police (sis) file again FR. Case is pending in lower court.
Mean while that person file a complaint case in 2010 with same fact parallel to previous one. Case is pending in same court.
In 2010, that person file a complaint case u/s 34,406,420,467,468 in lower court. After recording the statement u/s 200 and two witness u/s 202, lower court reject the case. He file the revision in session court. Session court also reject the case in 2011.
In 2013 that person again loadge an FIR under 34,420,406,467 against 4 person including me with this request that he has collected the new evidence. He also mentioned that two FR has been submitted in previous case. Police file closure report. Hon'ble court accepted it as complaint and summoned me u/s 420,406.
Please guide me that what is the option before me and what should I do.
Asked 3 years ago in Criminal Law from Meerut, Uttar Pradesh
since you have been summoned you will have to appear before the court and fight it on merrits
Advocate, New Delhi
since you are summoned you have appear before court & fight case on merrits. what is new evidence given by him. you may call & discuss with me
Advocate, Greater Noida
what are the contents of the complaint on which summons have been issued. if the past FIRs have been referred to, you can challenge the summons before the High Court saying it is a case of malicious prosecution and lack of discretion on part of the magistrate and seek quashing of proceedings. you may contact my office for the matter in High Court.
Now that you have been summoned you should either appear before court and face prosecution, or challenge the summons in the High Court on the ground that he has filed the fresh case by camouflaging the same earlier evidence as 'fresh evidence'.