The court after completion of hearing case kept the matter for order and when the magistrate changed
Sadanand B. Panchal
(Querist) 30 October 2016
This query is : Resolved
Respected Experts,
In the year 2008 police registered FIR against me under section 509,504,506 r/w. section 34 of IPC. Another accused was ‘X’ who alleged to be committed main offence.
Date of commission of offence shown in FIR is 20/01/2008 whereas FIR was registered on 27/02/2008. Thus there was delay of one month in submitting First Information is recorded by Police to be done by the First Informant lady.
In the month of December, 2009 police called me in the Court and furnished the charge sheet but not presented me before the Court, and even further dates of matter were not recorded in the Roznama. It is pertinent to note that at the column of ‘Doshaarop’ 1st and 2nd Accused is recorded as my name two times but the name of Accused ‘X’ was not recorded.
On 10.10.2013 when the matter was called out the Magistrate for the first time observed that the Accused ‘X” was not paid the cash bail even he (X) was shown in the charge sheet that he was released on bail. Thus accordingly the Magistrate ordered the police to arrest the Accused ‘X” who was present in the Court. Thus on 10.10.2013 the Accused ‘X’ was really released on bail.
In view of the aforesaid facts in my view the charge sheet and final Report under section 173 of CrPC is uncompleted till date.
Thereafter in the year 2015 I filed discharge Application under section 468 and 239 of CrPC in person. I appointed Advocate by making payment of his fee payment of Rs. 30,000/- plus Rs. 500/- for every adjournment who argued the discharge Application and the Hon'ble Magistrate kept said Application matter for orders in the month of May, 2015. In the month of August, 2016 the Magistrate transferred without passing of Order and when the another Magistrate presided in the place of earlier Magistrate, told me that as the hearing of Discharge Application was not happened before his honour, I must argue again to hear the matter.
Now my Advocate is saying that he will not argue the matter again and that I have to pay the fees amount which was already paid for completion of hearing.
I have no money to appoint any Advocate in this matter, but I want to personally file Writ Petition before the Hon'ble Bombay High Court to inform the Hon'ble Court about how the Magistrate even after hearing did not passed Order and that the earlier Magistrate transferred was not recorded notes on hearing so that next Magistrate pass an Order.
Kindly inform me what to do in this matter when there is limitation period under section 468 is clearly over as under section 509 punishment is of one year. I am suffering heavy burden. Kindly inform me what procedure to follow.
Thanks
Rajendra K Goyal
(Expert) 31 October 2016
If you are not in a position to pay, try for free legal aid.
Have to argue again through your lawyer to keep your interest safe, no alternate.
Adv. Yogen Kakade
(Expert) 31 October 2016
Request your lawyer to argue the matter as this is the part and consequence of the same case and not the other case. If he fails to appear, mention the same before the same court.
Adv. Yogen Kakade
Jurycon Incorporation
Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in Call: 020-65248888 / 09225510883
Kumar Doab
(Expert) 31 October 2016
You can benefit from the advise of experts.
Pronouncement of Judgment:
You may go thru old and illustrated threads.
http://www.lawyersclubindia.com/forum/Judgement-date-and-month-72133.asp
http://www.lawyersclubindia.com/experts/Writ-petition-reserved-for-judgement-515551.asp
Sadanand B. Panchal
(Querist) 31 October 2016
Respected Experts,
Kindly inform me Can I file writ Petition for quashing of charge sheet on the ground above and for others ground?
adv.bharat @ PUNE
(Expert) 01 November 2016
You can follow the link provided by expert.
M V Gupta
(Expert) 04 November 2016
As the discharge application filed before the magistrate is pending, it would not be advisable to approach the HC for similar relief. Better argue the matter once again before the magistrate.
Rajendra K Goyal
(Expert) 04 November 2016
May proceed as advised by the expert M V Gupta.
Sadanand B. Panchal
(Querist) 04 November 2016
Respected Sir,
Thanks to all.
Regards,
Sadanand Panchal
