Ta in complaint case

Querist : Anonymous (Querist) 18 September 2011 This query is : Resolved
Background: An employee filed a false criminal complaint case. we appeared through advocate before summoning order and filed objections. complaint dismissed. complainant filed revision. pleading and arguments completed. fixed for order. one day before order, complainant filed TA before District Judge. The court in revision fixed another date due to TA. Query: 1. Is TA maintable in criminal complaint case and if yes under what provision. 2. In TA the applicant made accused also as parties. naturally the court will issue notice to us. Should we file objections to TA.

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Devajyoti Barman (Expert) 18 September 2011
The order dismissing the complaint in the context of your objections seems to be bad in law.
Before issuance of process-summons the accused person has no locus standi in the complaint case. So if the magistrate dismisses the complaint on the points raised by you, the said order would certainly be set aside in the revision court.

Till that happens if you recive any notice of TA , you can definitely appear and male your defence.

Shastri J.K. (Expert) 18 September 2011
1-yes
2- you can file objections to TA.

Kiran Kumar (Expert) 18 September 2011
Transfer application is maintainable in Criminal cases also....read S.408 Cr.P.C keeping in view facts of your case.

if the notice is issued to you then certainly you should appear, and make the fitting replies to the TA.