Complainant has been regularly absent for proceedings
Adv. Mohan Chandra
(Querist) 24 April 2009
This query is : Resolved
I have asked for opinion on above subject earlier and would like to have some clarification on the new development.
Due to continous absence of the complainant for cross the Honourable Magistrate first penalised the advocate of the complainant and then finally closed the cross.
Recently the complainant put up an application to the Honourable Magistrate that the complainant was attending some urgent matter in Supreme Court on the day and hence could not attend the court for cross examination and the earlier order be cancelled the Honourable Magistrate has asked for my say on the issue.
Subsequently I have put an application for copy of the Rojnama to prove my point that the complaiant has been regularly absent for most part of the proceedings and the particular date was not an exception, further I have checked with the cause list available on the net and have found that there were no issues particularly concerned with the complainant on the particular day in Supreme Court.
I wish to bring the above facts to the notice of the court. Kindly advise on further course of action I should take and if the above steps taken by me are correct.
Mohanji
PALNITKAR V.V.
(Expert) 24 April 2009
Insist that the complainant should give particulars of the matter he was attending in SC. If details are furnished, check with the record of SC and file affidavit if complainant has made false submissions. Also insist for dismissal of the complaint.
Kiran Kumar
(Expert) 24 April 2009
one more thing i must add, in view of ADALAT PARSHAD's case Magistrate can not review its own order.
the complainant will have to approach the higher court in revision against the order with all necessary documents and affidavit.
adv. rajeev ( rajoo )
(Expert) 24 April 2009
When complainant has filed an application u put your objections along with the documents what u have got, to show that complainant is misguiding the court and there was no case in the supreme court.
Adv. Mohan Chandra
(Querist) 25 April 2009
Thank you sir, would you also please confirm if the cause list available on official internet site of Supreme Court of India the correct source to confirm the complainants claim.
deepak kumar
(Expert) 28 April 2009
only one point is enough to reject the application of the complainant and that is - the magistrate has got no power to revise his order
Yash
(Expert) 28 April 2009
I do agree with friends. However, if higher forums are pursued or this particular point is pressed too hard, it will, on the contrary, prolong the matter. So steps should be taken in such direction that leads to expedite the trial and importance should not be given to sideline matters.
