Unable to produce my side evidence in private complaint u/s.200 crpc
ROJA shree
(Querist) 12 July 2014
This query is : Resolved
I have filed a private complaint u/s.200 CrPC before CJM Kerala, to direct the police to file FIR. I am also unable to produce my side witness, as they are unable to travel( senior citizens & ungergone surgery) . But magistrate insisting for my side witness each time . So summons has not yet issued to accused till now . Now how to proceed with the case further.
What remedy for me for arresting the accused?
(note : alredy police refused to file FIR. So only I filed private compliant . Now also it is getting delayed )
Laxmi Kant Joshi
(Expert) 12 July 2014
you have to produce your witnesses to strengthen your allegation before the court , The magistrate take cognizance oexamine the complainant and the witnesses
ROJA shree
(Querist) 12 July 2014
THank U laxmi kant sir,
But I am not in a position to produce the witness as she had undergone surgery recently and residing in north india.
At this stage what will I do?But I need to proceed with the case to arrest the accused.
Rajendra K Goyal
(Expert) 12 July 2014
No reply if professional and repeated query.
Dr J C Vashista
(Expert) 13 July 2014
It is your baby to produce witness, if you are interested in proceeding further in your complaint, it is not a legal query, contact and consult your lawyer.
No reply, if professional and repeated query
V R SHROFF
(Expert) 13 July 2014
Why not apply for 156(3) ?? if u cannot produce Witness???
T. Kalaiselvan, Advocate
(Expert) 14 July 2014
Yes, change the provision in the application by amending it to 156(3)Cr.P.C wherein you need not produce the said witness. Consult your lawyer for further advise.
Biswanath Roy
(Expert) 15 July 2014
Side witness is inevitably required for admission of a petition u/s.200 Cr.P.C. FOR CORROBORATION OF THE COMPLAINT. iF IT IS NOT POSSIBLE TO PRODUCE ANY WITNESS THEN RESORT TO FILE AN APPLICATION U/S.156(3) Cr. PC
