ipc 354/509 tec
arunkumar
(Querist) 06 April 2011
This query is : Resolved
state has filed false case on my friend under section 354 ipc.Only witness in the case has been cross examined who does not support the police story.The complainant is not traceable by the police even after the court issued summons/warrants.Onthe defence lawyers request court has closed the evidence and the accused has to give statement under 313 crpc.What will be the points to be noted for argument and whether the court will dismiss the case or keep it pending for the appearence of the complainant.pl advise.
M.Sheik Mohammed Ali
(Expert) 06 April 2011
the court need witness and proof, if you belive that your not accused the aforesaid case, then quash the fir at high court.
indrajit mukhopadhyay
(Expert) 06 April 2011
your argument is very simple i.e as the vg not appeared before the court to depose despite issuing the warrent then the best evidence were not adduced by the prosecution and pray for acquittal when one independent witness did not support the prosecution story and that's all .
Advocate. Arunagiri
(Expert) 06 April 2011
File a petition before the HC for quick disposal of the case or to quash it.
