Complaint case under sec. 420,465,467,468,471 ipc
jatin aggarwal1987
(Querist) 12 July 2012
This query is : Resolved
hallow all respected experts.
this is jatin aggarwal, advocate.
i want to query regarding a complaint case under sec. 420, 465, 467, 468, 471 ipc. The said complaint is against total 16 persons in which my client has been summoned under sec. 420 only by jmic, against which the complainant filed a revision petition in Sessions court for the summoning of all others and also prayed for addition of secs. 465, 467, 468 471 ipc against my client.
revision petition is still pending for the order.
my client has filled a petition under sec. 482 crpc for the quashing of these two proceeding (jmic & revision)in the Hon'ble High Court but consequences of it is dismissed by the Hon'ble High Court. against the order of High Court my client does not want to go Supreme court and the limitation period for appeal has also expired now. the main is my client do not want to appear in the trial court.
now plz guide me that what will be the way to protect my client from arrest, appear and how it can be possible to discharge without appearance in the trial court. he also does not want to file AB because after getting relief from AB he has to appear in the trial court on each and every date.
i will wait for your respected guidance and appreciate your positive legal advice.
Guest
(Expert) 12 July 2012
Dear Jatin.
You are a Lawyer and as you understand its a Criminal action your query is related to. Criminal Law has its own set of principles.
You can prefer application for anticipatory bail to evade the arrest of your client.
Thereafter, you will have to make him remain present before court and if the case as you stated is really strong and in your favour, prefer application for discharge.
If the same isnt decided in your favour and the court proceeds to frame charge, you can till the time charge is not framed prefer application for grant of permanent exemption from personal appearance before the court. The court shall grant the same to your client and when the charge is framed, you can get the same framed.
Pursuant to the same, if your client doesnt remain present, you can on behalf of your client, subsequent to completion of evidence record statement u/s 313. In absence of accused, the same can be recorded by the lawyer.
But there is no process where there is a criminal action a person can evade the same without undergoing the process till the person facing charges gets acquitted/convicted. It can only by way of absconding and not facing the trial.
V R SHROFF
(Expert) 12 July 2012
Well explained by Nayyar. Agreed
Discharge & Exemption from personal appearance can be allowed.
Once discharge appl. is allowed, the matter end.
If not, As 16 accused are involved, matter may not proceed, or will take years...
jatin aggarwal1987
(Querist) 13 July 2012
sir one more thing sir the complainant filed complaint against 17 persons in which only my client has been summoned by the court but the complainant has not added as an accused to the society on behalf of agreement was done by my client as an authorized signatory. now as i think it is not possible but whether there is any way that society can approach the court to make party to the complaint as an accused only for the purpose of delay the proceedings of the court. although the complainant has made party as accused, all the members of the society. sir any other option except discharge appl. and exemption appl. because for this he has to appear in court any way by which he could evade from appearance.
sir whether court will allow the discharge petition.
jatin aggarwal1987
(Querist) 13 July 2012
shroff sir i dont undrstand that u told me that if discharge appl. not allowed than 16 persons are involved trial will not proceed unless 16 others are not involved. sir only my client has been summoned by court and the court said no offense is made against all other 16 persons. then how trail will not proceed without involving the 16 others where the court has ordered no offense is committed by the other 16.
