Complainant playing traunt

Adv. Mohan Chandra (Querist) 17 February 2010 This query is : Resolved
The Ld. Metropolitan Magistrate has closed cross examination of the complainant due to his absence over a long period, the Ld. M.M. has also refused to review the order on an application by the complainant, the complainant has now filed an petition for revision in the higher court.

The revision application was time barred on 11th December (3 months) yet the same has been filed in the higher court on 21st December and have made allegations against the lower court that the application has been filed late because there has been delay of 29 days from the office of Ld.M.M. to issue a copy of the order I have verified the court records but there is no such application filed by the complainant for copy of the order so how the complainant/petitioner can claim there has been a delay. The complainant/ petitioner has filed a copy of the petition now in the lower court and the lower court has also taken no objections against this false allegation.

Further the complainant has tried to play truant by not giving a copy of the petition to the accused/respondent and informing the lower court too after two hearings had already happened. When verified in the higher court it was found that the petition is pending for order on next hearing due to the absence of the respondent. The complainant/petitioner has done this purposely for a favourable order from the high court in the absence of the respondent.

Please advise how to handle this tricky situation.

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Raj Kumar Makkad (Expert) 17 February 2010
You should file an application seeking setting aside order of higher court ordering ex-parte to the respondent due to his absence stating all the reasons you mentioned in the quarry and also bring all the facts of fraud played by the applicant therein with your affidavit. also move a separate application seeking initiation of strong action against him under section 340 Cr. P.C.

His cannot sustain if all the facts with strong documentary evidence are brought to the knowledge of the court.