Action dropped by police
Md Abdul Kadher
(Querist) 29 August 2013
This query is : Resolved
Sir,
Mr.X has presented himself (without any advocate) a petition in June, 12 in a Magistrate Court regarding a crime. The court ordered to inquire the incident. FIR was registered in Sep., 12 Section 420, 468 & 471 of IPC. The police submitted an "Action drop" petition in May, 13 in the court. The court dropped the case on 7/8/13, it said that neither the petitioner nor any advocate on his behalf was not present and hence it was ordered as closed. No information/notice was given to him regarding the trial neither by police nor court.
It was against the principles of natural justice, in which there was no fairness, equity and equality. There is failure to hear both sides. AUDI ALTERAM PARTEM OR RULE OF FAIR HEARING: This rule covers various stages through which administrative adjudication pasees starting
from notice to final determination. Right to fair hearing thus includes:-
1. Right to notice
2. Right to present case and evidence
3. Right to rebut adverse evidence
(i) Right to cross examination
(ii) Right to legal representation
4. Disclosure of evidence to party
5. Report of enquiry to be shown to the other party
6. Reasoned decisions or speaking orders
Please inform what action to be taken next. Whether it is proper for me to seek post decisional hearing as in Menaka Gandhi vs. UOI?
MD ABDUL KADHER
Sudhir Kumar, Advocate 
(Expert) 31 August 2013
repleid at http://www.lawyersclubindia.com/experts/Petition-by-Inspector-of-Police-to-cancel-FIR-398681.asp#.UiHPiH_Qzmk
Md Abdul Kadher
(Querist) 01 September 2013
I regret to inform that no reply was found in the website, but it was noted as resolved by Mr.Sudhir Kumar. Please give reply for my query early.
