simple hurt
Querist :
Anonymous
(Querist) 17 October 2010
This query is : Resolved
What are the steps involved in the trial of complaint case in which court took cognizance u/s 323 r/w 34 IPC only on the basis of private complaint filed? At pre-summoning staze, complainant got examined some witnesses mentioned in the list of witnesses. Can he call additional witnesses who are not present in the list of witnessess?Whether the witnesses of the complaintat during such trial are cross examined threee times i.e at pre summoning staze,before issuance of notice and after issuance of notice? Certain defence documents with the help of which I want to cross examine complainant's witnesses are in the possession of third party( Police, mobile operator etc.. How can I get the same and at what staze? There are no injury in the medical examination of complaianat though MO has mentioned simple injury without giving the reasons. However there are simple injury ( bruishes, tenderness ec)in my medical examination report. Will this be of any help? I have cerain recording made by me wherein complainant abused me in public and threatened to entangle me in some case. Should I use the same in my defence? There is one civil case pending between me and complainant. Further, police had earlier made kalandra against complainant u/s 150/107 though subsequently he was discharged. Should I produce the aforesaid in my defence? What is generally the fate ofsuch petty cases? I am much worried being a govt servant. There is no chances of compromise
Devajyoti Barman
(Expert) 17 October 2010
You seem to have all the question available on this subject.
The court determine when he would take the cognisance of a case and issue summons upon the accused. The satisfaction of the Magistrate before summoning the accused varies from court to court. The complainant to satisfy the court before taking cognisance of the case cam lead with the permission of the court other witnesses also.
The question of cross examination arises only after the process is issued and the accused appears after getting the summons.
