Discharge in summarily triable cases, no section in crpc !!
Querist :
Anonymous
(Querist) 17 October 2011
This query is : Resolved
In a private complaint against me u/s200crpc the court has issued summons against me for ipc 509 and the summons read the case as summary triable case. My advocate past 1 year kept on telling me that we will apply for discharge etc& kept on taking fees from me...but now suddenly he told me that in a summary triable case there is no procedure in the crpc to discharge, only in warrant cases the procedure for discharge is there. He says 227 crpc discharge is applicable only when it is a case of trial by sessions court, but ur case is triable by magistrate court, 239 crpc says discharge in trial in warrant cases, so he says ur case is not a warrant case it is a summary traible case. Even he is now absolutely blank as to how to proceed forward in the case and discharge/acquit me now. It is a false complaint because the acquasation about uttering vulgar words against me was done after 10 months from the date of the incident even though the lady had given statements against me 4 times over 6 months for the same date on the incident but never ever mentioned once anywhere that I had uttered vulgar words to her on that day. What am I supposed to do now. What should be the correct procedure to follow to discharge/acquit myself in this case which is a "summarily criminal case"
If there is some honest and intelligent lawyer in Mumbai can he please post me his number or contact. Please help urgently.
Now there is a NBW(non bailable warrant) issued against me because I did not appear for 2 dates even though my lawyer had appeared. I am paying the price for his incompetency. Under which section or provision that NBW can be recalled against me.
Guest
(Expert) 18 October 2011
one things must kept in mind the advocate will not appear for the accused if the presence of accused is compulsory one.
the court may dismiss the dispense petition and issue NBW.
file a petition to recall the nbw u/s 70(2) Cr.P.C
Arun Kumar Bhagat
(Expert) 18 October 2011
What should be the correct procedure to follow to discharge/acquit myself in this case which is a "summarily criminal case" ?
Ans: Sec.506 is not summary triable. It is tried in Summons Procedure. You have to contest the case till last.
AMAR RANU
(Expert) 18 October 2011
File a discharge application without mentioning the section under which it is filed.
Take it to High Court level onwards,if discharge order is adverse or alternatively file a petition u/s 482 of Crpc for quashing the said complaint if you have good grounds for quashing.
Former strategy would be advisable.
In Bombay High Court,different Judges have different notions/yardsticks on this issue depending upon your luck and face value of your would be counsel appearing before them.
Arun Kumar Bhagat
(Expert) 18 October 2011
For filing 482 in High Court no rejection is required.Why shall he go for holding his ear by long route. He may file directly.
Querist :
Anonymous
(Querist) 21 October 2011
Hello Arun Kumar Sir,
I have a summarily criminal case u/s IPC 509 on a private complaint u/s200 crpc. What about crpc 258? Contesting till the end, what does it mean, i mean what is the procedure of it, by filing a reply to her complaint or some other way? If I can show that the complainant made an "afterthought" allegation that too after 6 months after giving statements 4 times before different agencies does it not show that it is a tactic to harass and torture me and seek money from me. What do you say in this limelight.
