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How to get frivolous complaint discharged under IPC?


28-Sep-2023 (In Criminal Law)
A FALSE/FRIVOLOUS COMPLAINT HAD BEEN FILED AGAINST A FRIEND OF MINE AND ME IN A AMM COURT, IN MUMBAI. THERE IS NO EVIDENCE, NEITHER THERE ARE ANY WITNESSES. THE MAGISTRATE HAS ISSUED A PROCESS ORDER UNDER SECTIONS 183, 504, 506, 509, R/W 34 OF IPC. WHETHER I SHOULD GO FOR A DISCHARGE APPLICATION UNDER SECTION 245 CRPC IN THE SAME COURT OR GO FOR A REVISION UNDER SECTION 397 CRPC IN THE SESSIONS COURT OF MUMBAI. IN WHICH COURT CHANCES WILL BE MORE BETTER, AMM COURT OR SESSIONS COURT. KINDLY ADVISE AT YOUR EARLIEST CONVENIENCE.
Answers (2)

Answer #1
869 votes
Hello, it appears from your fact this is a private complaint and all offences are summon trial case. So in case if the plea/ charge is not framed then you may challenge the order before sessions court. If u succeed then nothing like it. But if it is police case then kindly check coz in summon case court records plea so no chance for discharge.
Answer #2
718 votes
go for revision against issue process under section 397 .... ....

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