323, 379, 497 IPC

This query is : Resolved 
 

(Querist)
10 March 2019

My friend is punished under section 323, 379, 497 IPC on 2015 as the case is uncontested.His opposite party moves to now for execution of the order.

Sir,
As adultary is not a offence from 2018 will my friend will go to jail for order passed on year 2015?

Can any court be order executed after 4 years ?


NANDKUMAR B SAWANT (Expert)
10 March 2019

Kindly note that 1. it is a criminal court judgement .if accused was arrested then he must have been sent to jail on arrest warrant to suffer imprisonment as per judgement.you may refer copy of judgement from case no.and said court.2. But if accused was absconding and judgement is passed by court then there must be arrest warrant pending and police can arrest saod accused and send him to jail for execution of said judgement.3. In case accused has not filed any appeal against said judgement he may approach sessions court or high court for stay and seting aside of said judgement and for bail and release by mentioning facts and reasons for delay.good luck.n.b.sawant advocate high court

NANDKUMAR B SAWANT (Expert)
10 March 2019

Kindly note that 1. it is a criminal court judgement .if accused was arrested then he must have been sent to jail on arrest warrant to suffer imprisonment as per judgement.you may refer copy of judgement from case no.and said court.2. But if accused was absconding and judgement is passed by court then there must be arrest warrant pending and police can arrest saod accused and send him to jail for execution of said judgement.3. In case accused has not filed any appeal against said judgement he may approach sessions court or high court for stay and seting aside of said judgement and for bail and release by mentioning facts and reasons for delay.good luck.n.b.sawant advocate high court

Dr J C Vashista (Expert)
10 March 2019

The Court shall not pass any order/ judgment in the absence of accused.
Consult lawyer of accused/ "your friend", some vital information is missing from the facts of your query.

P. Venu (Expert)
10 March 2019

In a criminal case, there is no procedure as to the opposite party moving the Court for execution

SUBRATA HALDAR (Querist)
10 March 2019

Sir, my friend was in jail for 10 days during investigation. He was released from jail on bail during investigation.

SUBRATA HALDAR (Querist)
10 March 2019

Sir, my friend was in jail for 10 days during investigation. He was released from jail on bail during investigation.

SUBRATA HALDAR (Querist)
10 March 2019

Sir, my friend was in jail for 10 days during investigation. He was released from jail on bail during investigation. Can he now prays before higher court for stay against the order passed by lower court on 2015 ?
Is there is any time bar ?

SUBRATA HALDAR (Querist)
10 March 2019

Please advise

K.K.Ganguly (Expert)
Click to Talk
10 March 2019

1. It is a criminal case fought between the State and the accused.

2. There is no question of the opposite party moving Court for execution of the order.

3. The momonet the final order is pronounced, who shall have to be present in the Court the accused will be taken in to custody and sent to jail.

4. Something seriously wrong in your query..

SUBRATA HALDAR (Querist)
11 March 2019

Sir, the accused are not contested the case.

Suresh Pillai (Expert)
11 March 2019

In response to the query of Ms/Mr Subrata Haldar, I would like to mention that the Court Judgement is always implemented prospectively and not retrospectively unless there is any specific direction about the same.
Hence, even as regards in the matter of adultery also, since the judgement is pronounced in the year 2018, it can be implemented from 2018 only and not prior to 2018.
In the case of your friend, when he indulged in physical contact with a married lady, it was a crime at that time and the Verdict of the Court given in that particular case shall definitely have a positive effect till 2018.
After 2018 Judgement, your friend has to move an application to the Court for his exhoneration for the rest of the period.
Court's order once final verdict is given, it warrants execution unless it is reverted legally

Dr J C Vashista (Expert)
13 March 2019

Prima facie it is a moot court topic and not a real story.



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