State v/s..sec332/323/504/506/394/411/332
mukesh jain
(Querist) 15 July 2013
This query is : Resolved
This case is filed by the court employee who issue/deliver court summons.he came to Mr. X house to deliver the summons of small civil suit to Mr X, who was not present at home at that time,the court person was drunk and asked money from Mr X faimily members they refused to give. this is the incident at 2.30pm. In the year 2000.
At 7.30 pm,the same day he lodged a FIR aginst Mr X, stating that Mr X did not accepted the summons, slapped me and threaten to kill me and forcebly taken the summons.Two wittness was with him at that time.
Police filed FIR on the above statement under sec 353/504/506/323 IPC. at 7.30pm on the same day.without medical of the complainant. Next day I.O. added sec 394/411/332 IPC. and deleted sec 323 IPC with his own discretion, it is mentioned in his report.and Mr X was arrested and sent to the jail for the 14 days of judicial custody.
After 3 days Mr X applied for the bail from the jail, personally,as advocates were on strike for indefinate period. Bail was granted by CJM on two Rs.10000/ surty.the bail was given on all sec. 353/504/506/323/394/332/411 on all sections.
Please read the following points:
1.The above case is state v/s Me x....
2. the above case was regitered in the year 2000.
3.complainant did not turn up in the court for 5 years, inspite of the court order to produce next time with wittneses.
4.Court never issued warrant or NBW. inspite of our request.
5.Complainant appear in the court once only in 13 years only.
6. On 15/07/2013 court directed him that as per MISSION MODE of Hon. High Court in the year 2013, all the cases before 2008, last chance is given to produce evidence and witneses, with in 15 days and date fixed.
7.Till now complainant did not recorded his statement in the court.
8.Mr. X had brain surgery and he is not in a position to go to court but even than he goes to the court on the date.
9.In the police charge sheet they hve mentioned 354 insted 394, and 332 insted of 353.It will be treated mistake or wrong charge sheet.with all above said sections.
10. In the charge sheet police has shown the place of incident at my younger brothers house.
please guide with your valuble advice and how we should proceed the case. For any information you may write to me.
thanks,
with regards
mukesh
Sudhir Kumar, Advocate
(Expert) 15 July 2013
1.The above case is state v/s Me x....
Ans : So what
2. the above case was registered in the year 2000.
3.complainant did not turn up in the court for 5 years, inspite of the court order to produce next time with witnesses.
4.Court never issued warrant or NBW. inspite of our request.
5.Complainant appear in the court once only in 13 years only.
Ans : Let the prosecution apply for his NBW
6. On 15/07/2013 court directed him that as per MISSION MODE of Hon. High Court in the year 2013, all the cases before 2008, last chance is given to produce evidence and witnesses, with in 15 days and date fixed.
7. Till now complainant did not recorded his statement in the court.
Ans : Let him not. Let him pave way for acquittal of accused.
8. Mr. X had brain surgery and he is not in a position to go to court but even than he goes to the court on the date.
9.In the police charge sheet they have mentioned 354 instead 394, and 332 instead of 353.It will be treated mistake or wrong charge sheet. with all above said sections.
10. In the charge sheet police has shown the place of incident at my younger brothers house.
Ans : How are you or younger brother connected with case.
