461 cr.p.c
498A_HARRASED
(Querist) 02 July 2015
This query is : Resolved
Hello,
Instead of getting examined on oath, the complainant filed unsworn/undated affidavit. The respondent lost the right of cross-examination which is precious right due to unsworn/undated affidavit. The case is proceeding for the trial.
The provisions u/s 200 Cr.P.C was not adhered and the magistrate summoned the accused persons.
Can the petition u/s 461 Cr.P.C can be filed as failure of justice has occasioned?
Anand Bali Adv.
(Expert) 17 July 2015
Dear Friend, The cross of the complainant happens only when the trial begins the start process begins with the cognizance of an offence by the Magistrate either on the oral examination of the complainant provided that when the complaint is made in writing, the Magistrate need not examine the complainant and the witness
A) If a public servant acting or purporting to act in the discharge of his official duties or a court has made a complaint;
B) if the Magistrate makes over the case for inquiry or trial to an other Magistrate ......after examining, the later Magistrate need not to examine the complainant.
Here a complaint of irregular proceedings can be made however the right of the cross examination of the complainant is not effected by this cognizance of an offence by the Magistrate with out Oath and examination of the complainant.
