ann
(Querist) 28 May 2018
This query is : Resolved
When the defacto complainant has presented himself in persuance to the nbw earlier issued against him and requesting the court to recall the nbw , can the magistrate judge for a criminal case , order police custody while dismissing the nbw recalling petition of the defacto complainant .
Ms.Usha Kapoor
(Expert) 29 May 2018
The Magistrate has dismissed earlier issued NCW against the defacto complainant who had gone their for requesting recall of NCW issued against him earlier and has sent defacto complainant to police custody for interrogation.Why the Magistrate had to issue NCW against the Defacto complainant earlier.In the first place?
Dr J C Vashista
(Expert) 29 May 2018
Contradictory and confusing statement. What do you intend to say about de facto / proxy /impersonating complainant? How and why the court has issued NBW against a de facto complainant, if there is some iota of truth in your statement/ question paper? Baseless and irrelevant opinion/ reply of impersonating experts require legal justification.
ann
(Querist) 29 May 2018
The defacto complaint was earlier not available in the court becos he was traveling so was given a non bailable warrant and so when he was back he presented himself in the court to recall the nbw . The magistrate did order police to take custody of the defacto complainant thereby dismissing the recall the nbw request. All I want to know does the magistrate has such powers ?
Ms.Usha Kapoor
(Expert) 29 May 2018
Yes! The Magistrate has discretionary POWERS.
Guest
(Expert) 29 May 2018
Court's Discretion can not be Questioned.
P. Venu
(Expert) 29 May 2018
Any suggestion depends upon the facts and circumstances of the case. Anyhow, it is quite common that complainants who give false or exaggerated complaints avoid witness box just to harass innocent persons so caught in the cobwebs of law. Such abusers of law and process deserves strict handling.
P. Venu
(Expert) 29 May 2018
Any suggestion depends upon the facts and circumstances of the case. Anyhow, it is quite common that complainants who give false or exaggerated complaints avoid witness box just to harass innocent persons so caught in the cobwebs of law. Such abusers of law and process deserves strict handling.
Dr J C Vashista
(Expert) 30 May 2018
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