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Munirathnam (Scientist)     26 December 2012

Vague allegations, section 211, 212 and 213 of crpc

If allegations are vague without disclosing the particulars of the incidents which are required as per section 211, 212 and 213 of CrPC what could be done......?

 

Can court proceed further to frame charge without the details, mentioned in Section 211, 212 and 213 of CrPC, of allegations....

 

What option available to the accused at this stage.



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 12 Replies

Munirathnam (Scientist)     26 December 2012

Here I am taking help of different experiences of experts to make the final decision more mature.... If you say that my lawyers is the expert and no other in this forum is more talented than my lawyer then it would be over confidence...

 

I already paid fee to my local lawyer .... just want to gather information from experts of different kind.

Munirathnam (Scientist)     26 December 2012

My trail court lawyer said that during the trail cross examination we will highlight the vagueness of the allegations ... but he has no answer why prior to that ..... he says court done mistake by taking the cognizance of allegations but I am not convinced in saying that court done mistake.

Munirathnam (Scientist)     26 December 2012

Without reason I can not say my lawyer is wrong, bad....

 

Thanks for your rejection of advice.... I never expected advice from you. And by mistake also if you give any, I may not believe it. As per you everything could be done in Cross Examination ..... let it be.

Munirathnam (Scientist)     27 December 2012

You gone mad.....go to hell Mr. Ashish.


(Guest)

@Queriest,

 

Query 1.

 

Can court proceed further to frame charge without the details, mentioned in Section 211, 212 and 213 of CrPC, of allegations....

 

 Reply- Yes

 

Query 2.

 

What option available to the accused at this stage.

 

Reply- Wait for the final charge to be established.Defend after that.

 

Advice-

 

Please don't be argumantative just for the sake of doing arguments. Be argumatative only when you need to state something new or adding more facts.

 

Thanks

Regards,

Munirathnam (Scientist)     02 January 2013

Dear Susmitra Kumar,

 

The charge is framed in 498A case but the allegations do not diclose the partiulars of the alleged incidents .....

 

Ex: Allegation that the wife was harassed in matrimonial home and the pregnancy of wife is aborted ..... whereas no mention of alleged pregnancy abortion date, place, time and also no detaisl of hospital and no medical/hospital reports on record etc. ....

 

What is the need to crosss examination if none of the details are disclosed..... court can not convict with the vague allegations that are on record in case cross is not done.... as per my advocate.....

 

I believe my advicat eis true but other experts also may comment .....


(Guest)

Queriest,

 

You better believe your lawyer. I think this is the second time you trying to be outsmart the members of lawyers club.

I can offer you one thing only here right now which may or may not be acceptable to you.

one free advice-

Your fictitious lawyer along with you should re-read CRPC section 211,212,and 213(get a bare act) together and try to interpret it.

Indian evidence act allows presumption on such case.

That's all a clue for your kind of intelligent person.

 

Hope that may be of any help or may not be of any help

[Last Reply to this thread and thread starter]

Thanks,

Regards,

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     02 January 2013

Read illustrations with the bare act as well. It is self-explainatory to a very large extent.

 

Regards,

 

Shonee Kapoor

Munirathnam (Scientist)     02 January 2013

Thank you for replies.

 

The charge in the case is that:

Wife was harassed for dowry in the month of May-2008 and also wife was forced to consume pregnancy abortion tablets by accused to abort pregnancy forcibly. This the only line written by the Hon'ble COurt while framing the charge.

 

Evein the CrPC-161 statement of wife, nothing is mentioned when she got pregnancy and when it is tested and when it is aborted.... no reference to the hospital records etc....

 

@Sumitra Kumar,

I do not understand the meaning of the below words in your earlier post:

You better believe your lawyer. I think this is the second time you trying to be outsmart the members of lawyers club.

Please take my questions in positive sense even if you do not believe them..... every reason can not be discussed in this open forum. Thank you.


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