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Complaint under section 200 CRPC
27-Oct-2023 (In Criminal Law)
I received a whatapp message from the police station that a complaint has been filed against me by some x and it is regarding rape of a divorce women on pretext of marriage .
I moved the anticipatory bail to the session court.
In court date IO has intimated to the court against my bail application no FIR is registered.
She has moved the application under section 200 crpc in metropolitan magistrate court.
Magistrate has issued notice to the SHO to submit the ATR returnable on 07.11.2019.
What action will police take in this and what precaution should o take.
Still arrest is possible by police?
hello client hru.
as you have mentioned here tht a complaint of raoe has been filled against you by a some divorced female on the pretexing of marriage.
in this case yes offcourse you can be arrested as well as even you can be kept in police custody for remand as well .the precaution you need an advice of a criminal lawyer .
so he can help you in a manner so you can not be arrested by the police.
as per law you can be declared innocent.
as you have mentioned here tht a complaint of raoe has been filled against you by a some divorced female on the pretexing of marriage.
in this case yes offcourse you can be arrested as well as even you can be kept in police custody for remand as well .the precaution you need an advice of a criminal lawyer .
so he can help you in a manner so you can not be arrested by the police.
as per law you can be declared innocent.
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Adv. Vishwanath Pratap Singh
Delhi | 500+ Answers
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Under what provision of private complaint can be filed before a Magistrate?
The section 203 of CrPC is of great importance when it comes to filing a complaint with a magistrate. This section gives the Magistrate power to examine both the complaint and evidence provided by the complainant or witnesses in accordance with Sections 200 and 202. 05-Aug-2023
Can I file case directly in court?
If you wish to bring a civil suit against the government, you must first serve a notice of suit under Section 80Cpc.
What is the difference between private complaint and FIR?
Complaint and FIR: A complaint is made to the police by a person, whereas an FIR is the formal document that the police prepares based on a complaint. FIR vs. complaint - An FIR is the initial step in the criminal justice system, whereas a complaint doesnt necessarily lead to an inquiry. 16-Mar-2023
in your case SHO of the concerned police station will file ATR...this action taken report will be filled on the basis of the statement given by the complainant either in your favor or against you...if she had filed complaint it must be against you...FIR can be lodged on her complaint, as per evidence act prosecutrix have benifit of presumption of law us 114....so initially FIR will be lodged and police have to make investigation on the basis of the same
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Adv. Vineet Mittal
Delhi | 25+ Answers
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I have perused the contents of your query and would advise you to kindly consult a lawyer for the case. The SHO will file the ATR and on the basis of the investigation an FIR can be registered since the petition is under section 200 crpc r/w 156 (3). For further consultancy and legal services you may contact us.
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Adv. Anubhav Kathuria
Delhi | 500+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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