Cr case u/s 200 cr.p.c.
PARTHA SARKAR
(Querist) 10 March 2012
This query is : Resolved
Kindly advise whether in CR case u/s 200 of Cr.P.C. (sec. 406 & 499 of IPC) filing of written objection is maintainable?
Raj Kumar Makkad
(Expert) 10 March 2012
Repeated query which has already been replied.
PARTHA SARKAR
(Querist) 10 March 2012
No sir, This is new question.
Nadeem Qureshi
(Expert) 11 March 2012
Dear Sarkar
which type of the written objections you want to file? before receiving notice/summons or before?
Feel free to call
Adv.R.P.Chugh
(Expert) 11 March 2012
No mechanism for filing written objections in CrPC...you have no role to play before issue of process - you can only argue at time of framing of charge.
PARTHA SARKAR
(Querist) 11 March 2012
Sir will u advise me after receiveing of notice I will proceed with discharge petition usection 239 of Cr.P.C.?
Or else directly file 482 of Cr.p.c. for quashing of the same? Kindly advise.
Sir I will be grateful if you advise on sec 499 of IPC matter in this case. As she has defamed due to my compliant letters. Is it maintainable, may I pray to court that first she prove herself belongs to Schedule caste? If court accept my prayer then I need not required to flie writ of quarranto (due to locus standi problem).
WHATSAPP 91-8075113965
(Expert) 11 March 2012
hallo sir,
PARTHA SARKAR 's query has some relevance in the context of Indian criminal law, especially one moves a completey false and fabricated criminal case, with some forged documents , either u/s 156(3) through a magistrate or u/s 200 , as a private complaint, the innocent accused has no role , till a summons, notice or arrest warrant is obtained !
IS IT JUSTIFIABLE ?
he has nothing to do......, except enter appearance , take bail and contest the case. to a maximum, he can argue , for DISCHARGE, before framing of charges against him, or else , fight for an acquittal, by fighting for years in the open court !
of course, he can quash the matter through concerned HIGH COURT, u/s 482 CRPC .
MY BASIC QUESTION IS THAT WHY A CRIMINAL TRIAL REVOLVES ROUND THE COMPLAINANT ALONE, BUT, IN A CIVIL TRIAL , BOTH PARTY HAS EQUAL CHANCE !
IMAGINE : A BEATS B AND A CRIMINAL TRIAL IS GOING ON !
here, the injured B and his witnesses alone are examined ! B is asked how much beating he has got , when he got it , why he got it etc.....
here, the the man who beat B is A who will be standing proudly in the accused box, almost laughing at seeing B answering to complicated questions of A's lawyer !
the person who beat B can keep mum in the court while only the victim is asked !
accused has to open his mouth only twice :
1) at the time of framing charge
and
2) at the time of questioning u/s 313 crpc
i feel it is injustice, he should also be asked to prove his case " compulsorily " as it is in civil cases!
now , it is only optional for him , not mandatory, as normally no one tries for it also !
THIS SYSTEM HAS TO BE CHANGED , AT FIRST !
Raj Kumar Makkad
(Expert) 11 March 2012
I have also similar as of you but what can be done in the given and prevailing law?
We are constrained to follow it untill a change is brought in.
Shonee Kapoor
(Expert) 11 March 2012
Not at all possible,
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
