FIR u/s 154 crpc after dismissal of crl compliant u/s 200 Crpc
My wife had filed criminal proceedings against us in Noida District Court. Brief facts in chronological manner are as follows :
Private criminal complaint u/s 200 crpc filed under certain sections ( IPC 498 A, 406, 506 etc.). After pre-evidence all alleged accused/s were not summoned under certain sections / allegations and complaint against them was dismissed qua those sections and allegations. Only three accused were summoned u/s 498A, 406, 323 & 506 IPC.
My wife after one month got registered a FIR u/s 154 crpc against all alleged accused/s exactly on same allegations and IPC already dismissed by court in her 200 crpc private complaint.
Three accused who were summoned u/s 498 A, 406, 323 & 506 IPC approached High court and summons and proceedings of the criminal complaint stayed by Allahabad High Court.
My wife post stay filed a revision in the session court seeking summoning of all accused under all the sections. Session court issued notices to all accused/s for June 2015.
Meanwhile, after investigating the case for one year the Noida police filed cancellation report under section 173 crpc recently. No order made by Area Magistrate yet on either acceptance / rejection or of any other kind yet.
It may kindly be noted that all cases are pending in Noida court though with different judicial officers like - FIR case is with the Area Magistrate, Compliant u/s 200 Crpc is with a separate judicial magistrate and criminal revision in the session court.
The questions are -
Can Police register a FIR u/s 154 crpc after dismissal of complaint u/s 200 crpc?
Since, now Police has also investigated the allegations in the FIR case and has filed a cancellation report, the same allegations were leveled in the criminal compliant u/s 200 crpc that were dismissed, what options / steps do we have or need to take to get the criminal revision dismissed as well as to ensure that even in a circumstance judicial magistrate gives a chance to her to file protest petition against the police cancellation report ( police as well as her may conceal dismissal of complaint u/s 200 crpc), the protest petition also gets dimissed.