Magistrate has refused my complaint on the basis of a cross case lodged by the accused against the complainant. There was a dispute regarding the land. The opponent wanted to grab my land by force. Therefore, they have assembled a lot of people on the land to stop agricultural work on my land. Then I informed the police officer through dial 112. When the police came they scattered. They went to the police station and lodged a first information report against me and two more persons. When I came to know about the said FIR immediately approached the police station for lodging fir but the SHO refused to record our FIR. Then I moved 156(3) applications through my advocate. On final hearing the magistrate dismissed our complaint on the ground that a cross case has been filed by the accused against us.
Asked from: Uttar Pradesh
Prima facie, the order of the learned Magistrate dismissing the complaint appears to be erroneous and unsustainable in law. A complaint cannot be dismissed under Section 203 of the Code of Criminal Procedure, 1973, merely on the ground that the accused has lodged a cross-case.
Each case must be adjudicated independently, based on its own facts, evidence, and circumstances. If the complainant has adduced sufficient prima facie evidence disclosing the commission of a cognizable offence, the Magistrate is legally bound to take cognizance and issue process under Section 204 CrPC.
The mere existence of an FIR filed by the proposed accused against the complainant does not negate the right of the complainant to initiate criminal proceedings. In fact, the existence of a counter-case may support the existence of a dispute between the parties and further strengthen the complainant's case by establishing the genesis of the conflict.
As far as the admission of a complaint is concerned, if the contents of the complaint and the evidence adduced in support thereof prima facie constitute an offence, the Magistrate is under a legal obligation to take cognizance and issue process. Dismissal of such a complaint solely on the basis of an existing FIR lodged by the accused is impermissible under law.
In view of the above, you are advised to file a criminal revision under Section 397 CrPC before the appropriate Sessions Court or High Court, challenging the Magistrate’s order of dismissal. Such revision would enable the higher court to scrutinize the legality, correctness, and propriety of the impugned order. Magistrate wrongly refused complaint on the basis of cross case lodged by the proposed accused against the complainant.
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