19 July 2019
Dear experts according to your invaluable expertise and knowledge in the field, I request your guidance and assistance on the below mentioned
Based on the events during the evening hours at an inherited joint property; in which a father along with his family ( wife, son and daughter) resides (in his share); adjacent to that of his younger brother on 2010; quite contradictory to the real truth a CMP case was filed at local munsiff court by his younger brother and wife as the complainants.
Actually the complainant’s (younger brother and his wife) have unleashed unprecedented violence to the residents (the accused husband and wife) for no reason; upon some previous property grudges Following the same; both the false complainants fabricated a fake story accusing the both for theft,assault etc. Moreover, a cooked up story that the couples son has attacked them and stolen the golden necklace from the younger brothers wife was also specified in the same.
The case according to the legal process was forwarded to the concerned police station for enquiry. The police investigated and submitted a truthful report (during July 2015) on the incident stating the following facts
1.The complainant/wife admitted that the name of the accussed’s son was added since her husband insisted so that the case will attain some serious criminal traits.
2.The witnesses also stated that the the accused child was not there at the time of the incident and however does not have any idea as to why his name was included.
No recovery of the necklace, weapons or any thing incriminating was found against the accused child.The accused no3 was exempted from the case so afterwards based on the police findings.
During the month of July 2016 a discharge application was filed at the court for the due nullification of the case based on the genuine reasons of inconvenience for the elderly couple to attend the court proceedings all for baseless accusations.Both were granted bail on the month of July 2018.
Consequent to the trial proceedings for the discharge applications, during the examination of the accused (the younger brothers wife) raised a preplanned request to bring the exempted accused no3 before the court for the examination since he was specified in the first CMP filed; and the judge has accepted the same and remarked for a summons for the previously exempted child (by the virtue of CRPC 319); upon the recommendation by the public prosecutor and the much embarrassing attitude of our lawyer to have kept quiet without even raising a verbal objection at the circumstance.
The situation has lead to a difficult scenario so that the accused son has to take the bail and it costs him lot of time, money and inconvenience since at present he is working at a place long way away and often has to fly abroad etc and all as a part of the job.
1.Is there any possibility to quash the case or atleast remove the childs name from the case by application of any prayer or request in front of any higher couts or Honourable high court.
2.Any chances for freezing the summons and next hearing by the virtue of legal moves In higher courts; kindly provide the relevant sections and loopholes.
3.Will it be a problem if the party cannot appear before the court due to the travelling and remote job locations. Any risk of arrest warrants after 3 excuses? If so how to tackle the same.
4.Is it appropriate to receive the summons or just tactically avoid the same; by moving an explanation in the court and relief based on the situation.
5.Is it legally advantageous if we proceed for a strong written objection to reinclude the party; at the same court before proceeding to the higher court considering the limited time frame of barely a month for the next hearing
6.Does such a prayer or move is worth an attempt for legal success in higher court ; since the police report strongly establishes that the concerned person was not present at the scene further confirmed by the witness statements.( the report which complainant claims to be biased)