Can we stop the proceedings u/s 258 of crpc
GANGAM.RAJENDER.
(Querist) 28 November 2013
This query is : Resolved
SEC 258 OF CRPC " for reasons to be recorded by judicial magistrate, stop the proceedings at any stage without pronouncing any judgment and where such stoppage of proceedings is made after the evidence of the principal WITNESSES HAS BEEN RECORDED,PRONOUNCE A JUDGMENT OF ACQUITTAL".
Q1.NI ACT 138 case has been registered since six years back, summons not served to the directors of the firm.(ONLY TWO DIRECTORS ARE APPEARING THE CASE AMONGST THE 7 DIRECTORS).IN THIS CASE SECTION 258 OF CRPC APPLICABLE SIR.
Q2. WHETHER THE SEC 258 OF CRPC APPLICABLE AT APPEARANCE STAGE OF TRIAL STAGE?
Q3.TO FILE THE PETITION UNDER SEC 258 OF CRPC,SUPPORTING AFFIDAVIT IS COMPULSORY OR ONLY PETITION IS ENOUGH SIR?
Q4.IN THE SEC 258 OF CRPC "the evidence of the principal witnesses " MEANS, PLS EXPLAIN THE MEANING SIR.
thank you sir.
Devajyoti Barman
(Expert) 28 November 2013
It is too pre mature stage to file such petition.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 28 November 2013
Please read the whole section-CRPC 258.
The opening words are --- any summons case instituted otherwise than complaint.
NI 138 is a complaint case and hence this provision is not applicable.
IN OUR OPINION THIS PROVISION CREATES DISCRIMINATION SO WE HAVE GONE IN SOME CASES BEFORE HIGH COURT BUT BY THE TIME CASES GET RESOLVED IN LOWER COURT.
