Section ni 138 -(mm)
Querist :
Anonymous
(Querist) 09 January 2012
This query is : Resolved
I have filed a legal case in 2009,in Mumbai the accused based in Chandigarh i have send the 1st warrant on 2010 to Chandigarh, but police report says he does not stay in Chandigardh any more
we are tracking him day and night but could not hold of him, last month MM has given us final hearing date to trace him or will disposed our case. how to keep the case live. is there any such hearings to keep the case alive.
M.Sheik Mohammed Ali
(Expert) 09 January 2012
you can petition for paper publication wanted accused and ask time.
Deepak Nair
(Expert) 09 January 2012
You can file an application before the court to keep the case in Dormant File.
When a case goes to Dormant File, no date will be given and the case file will be kept in the record room of the court. The case will be remporarily closed. Then you can get time to trace out the accused and his properties if any.
After tracing the accused, you can apply for reopening of the proceedings.
V R SHROFF
(Expert) 09 January 2012
You show that you are taking step to isse summons.
you continuously apply for re-issue of summons. Take longer dates.
Failure of Police to trace and or issue summon does not justify compell to dispose off the case.
You apply for news paper publication. , Later for declaring him absconding, etc.
cases continue this wayb for over 5 years, ur case only 3 yrd
ajay sethi
(Expert) 09 January 2012
yes apply for newspaper publication .if inspite of publication he does not appear apply for declaring him an absconder
M/s. Y-not legal services
(Expert) 09 January 2012
good noon deepak,
can you tell me, what you mean dormant file? whats the procedure for that?
-tom-
Shonee Kapoor
(Expert) 09 January 2012
Rightly advised by Mr. Sethi.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Deepak Nair
(Expert) 10 January 2012
Dear Tom,
When the accused is not treaceable even after proclamation through news papers, the complainant can apply for keeping the matter as dormant file, whereby he can seek further time to trace the weareabouts of the accused and his property.
One the matter is gone as Dormant File, no dates will be given and the proceedings will be temporarily stopped. If the complainant fails to trace the accused for a considerable period of time, then the case will be disposed by the court at its discretion.
M/s. Y-not legal services
(Expert) 13 January 2012
deepak sir., already i got it from your earlier reply., but my question is, is any cr.p.c provision for this?
anyway thank you sir..
-tom-
DEFENSE ADVOCATE.-firmaction@g
(Expert) 13 January 2012
No CRPC provision for such matters there are legal tactics but nowadays NI 138 cases are disposed this way or that due to strict monitoring.
Advocate. Arunagiri
(Expert) 13 January 2012
It is a news for me that there is a procedure called "dormant procedure".
Mr.Deepak,
do you have / seen any live case, which adopted this procedure.
This will update my knowledge.
M/s. Y-not legal services
(Expert) 14 January 2012
thank you arunagiri sir.,
i was thinking that i only not in knowledge about "dormant procedure". but now am clear this procedure not in our state judiciary.,
am i right?
Querist :
Anonymous
(Querist) 14 January 2012
Hi just fond about Dormant files in net
Special riot courts wind up; 400-odd accused acquitted
It was relief for those whose lives, for 15 long years, had been ruled by court hearings of the 1992-93 riots cases
Jyoti Punwani
Posted On Monday, August 18, 2008 at 02:17:03 AM
Whatever else they may or may not have achieved, the two special 1992-93 riot courts that wound up last Thursday, brought relief to those whose lives for 15 years had been ruled by the tyranny of court dates. These were the 400-odd accused who were acquitted.
Many of them may have actually committed crimes they were accused of – assaulting neighbours and places of worship because they belonged to a different religion. But after 15 years, most neighbours had made peace with them, and maintained they were not the ones who attacked them.
The final tally: 5 convictions, 63 acquittals, 15-odd sent up to Sessions Courts for serious offences, and 35-odd on the Dormant File as the accused remained untraceable.
The biggest crisis that the judicial system is facing is the rising number of cases pending in various courts across the country. However, the Mumbai courts have shown a 22.67% drop since 2006.
The pendency of criminal cases (trials) in Kalaghoda sessions courts and Sewree fast-track court by the end of 2006 was 6,299. By 2008, it had reduced to 4,871 cases and by May 31, 2009, it further went down to 2,664.
The result of this massive drop is being attributed to the fact that the courts are now hearing cases which are barely a year old. For instance, a 53-year-old man, Vitthal Rane, was recently sentenced to life imprisonment for killing his wife Vanita on December 3, 2008. The court hearing this case barely took four months to give its judgment. The chargesheet was filed by March after the three-month mandatory period.
“This has become a common phenomenon now. Our courts are hearing cases of 2008 and even 2009. This is a result of new courts being set up in Sewree and Dindoshi,” said NP Bhagat, registrar of the sessions court.
The Sewree fast-track court was set up in October 2003. There were initially 18 courts hearing criminal cases, mostly dormant files or very old cases (from the 1990s). After the backlog cleared, the number of courts was reduced to eight. All these courts are now hearing recent cases.
On the other hand, the Dindoshi court was set up in September 2007. It has six criminal courts in its premises that handle cases between Khar and Dahisar.
“Also, the filing has reduced considerably,” said Shrikant Katkar, stenographer in the public prosecutor’s office. “Gang wars which defined the 1990s have almost come to an end. The cases that are filed now are regarding murder, rape, robbery, etc,” he said.
According to Katkar, since the procedure for hearing has been streamlined, it has made quick disposal of cases possible. “Earlier, after the chargesheet was filed and the case was committed to the sessions court, the papers would remain in the registrar’s office for several years. The cases wouldn’t even begin. But since the past four-five years, the cases have been assigned directly to the court,” he said.
Understandably, the reduction in pendency of cases has its advantages. “If the trial begins on time, it is easier for the witnesses to remember the incident since the memory is still fresh. Earlier, they would simply go missing or not remember anything. Also, the investigating officer handling the case will not be a retired man. He will be in a better position to help the prosecution in the case,” said Ramnath Kini, chief public prosecutor.
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D.0The Sewree fast-track court was set up in October 2003 There were initially 18 courts hearing criminal cases mostly dormant files or very old cases from the 1990s After the backlog cleared the number of courts was reduced to eight All these courts are now hearing recent cases.
Legal Point: March 2008
legalpoint-india.blogspot.com/2008_03_01_archive.html
27 Mar 2008 – Mumbai: The much hyped but much delayed special courts, which the ... was told by police that his case had been put in the dormant file.
Querist :
Anonymous
(Querist) 14 January 2012
litigant
thanxs to all of you for getting better options.... but still last question can i keep the case in dormant file
Raj Kumar Makkad
(Expert) 15 January 2012
You have rightly been advised by experts.
