Legal Advice

Can High Court dismiss my complaint

Query

I filed a police complaint against my relative regarding misappropriation of my mother’s funds. Mother was mentally incapacitated. The relative evaded answers by police and now has filed a CRWP for life and liberty in the high court. On the first date, the judge seemed biased and asked police to not take coercive action. What happens if on the next date, the high court dismiss my complaint. Can we file for revision or take it to another judge if we are unsatisfied? I have come to know that judges and other party advocates are family friends.

Advice

The High Court is granted interim relief to the petitioner. According to the order, the police will not arrest the accused till the further order of the High Court. You should not think  that the High Court will dismiss your complaint. If the complaint shows that the accused has committed an offence then the court will not dismiss the complaint. 

The High Court will not dismiss your complaint 

The Supreme Court has given seven golden rules in Bhajan Lal case for dismissal or quashing of a criminal proceeding. Your case does not come under the purview of that case. Hence, the court will not quash your complaint. 

On the next date of hearing you should show that court that offence is made out against the accused. The accused is an influential person and may temper with the evidence. Hence his arrest is necessary for the fair and impeccable investigation. 

If the court finds that matter requires thorough investigation and some evidence may be gathered from the accused during police interrogation then the court will revoke its previous order. 

No coercive order is a general order

The High Court generally does not interfere in the investigation. But it has the duty to protect the accused from the unnecessary harassment. The Supreme Court has held that High Court can stay the arrest in rare cases [Satyapal Vs U.P.]. Everyone knows the method of interrogation hence, the High Court used to pass such an order i.e. restrict the police to take any coercive action against the accused during the investigation.

Shivendra Pratap Singh

Advocate

High Court Lucknow

Criminal Law

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