PROCEDURE OF ISSUING PROCESS IN PRIVATE COMPLAINT
R.SHAH
(Querist) 27 June 2011
This query is : Resolved
HI ALL
AS I WANT TO CONTINUED MY EARLIER POST OF U/S156(3) BUT I COULDN'T LOCATE IT NOW.
I WANT TO KNOW THAT ON LAST DATE OF ONE OF MY PRIVATE COMPLAINT WHICH WAS SEND TO INVESTIGATION U/S 156(3) OF IPC 209,210 OF CASE WHICH WAS DISPOSED OFF WITH FINAL JUDGMENT AND FRAUD PLAYED BY OPOSITE PARTY COME TO KNOW LATER ON HENCE I FILE THIS CASE BEFORE MAGISTRATE.
THEREBY, I.O'S SEND REPORT IN NEGATIVE AND I FILED WRITTEN ARGUMENTS FOR ISSUED PROCESS AS DOCUMENTARY EVIDENCE OF COURT COPIES ARE CLEARLY SHOWS OFFENCE OF IPC 209,210 ARE COMITTED BY ACCUSED, BUT IO UNDER ACCUSED INFLUENCE FILED NEGATIVE REPORT.
MATTER IS KEPT FOR ORDER ON TODAYS DATE.
KINDLY LET ME KNOW ABOUT PROCEDURE, MAGISTRATE WOULD ORDER FOR ISSUING PROCESS AGAINST ACCUSED AND THEREAFTER COMPLAINANT WITNESS ON OATH BE TAKEN AND CROSS EXAM.. ETC...
OR IT'S JUDGE WILL ORDER FOR EXAMINE OF COMPLAINANT AND THEN AFTER CONVINCE ISSUED PROCESS TO ACCUSED.
I WAS CONFUSED THAT WHAT STEPS JUDGE WOULD TAKE FOR ORDER MEANS, OR SHE WILL REJECTD BY APPLICATION.
PLS. HELP ME WHAT IS THE EXACT PROCEDURE OF IISUING PROCESS TO ACCUSED.
YOUR TIMELY GUIDIANCE AND AWARENESS OF LAW GIVEN TO US WOULD BE HIGHLY APPRECIATED.
dev kapoor
(Expert) 27 June 2011
In Tula Ram and others, Appellants v. Kishore Singh, Respondent , SC has laid down that
- Magistrate can issue process under S. 204 after recording statement of complainant and his witnesses even after final report u/s 156(3) submitted by police.See AIR 1977 SC 2401
Ravikant Soni
(Expert) 27 June 2011
I am amazed both 209 and 210 are non-cognizable offence. How can it be possible that a magistrate sent the matter under section 156(3) Cr.P.C. despite these r non-cognizable??
Ravikant Soni
(Expert) 27 June 2011
Now rply to your query...
In these type of cases section 195 would applicable. And cognizance can be taken only upon written complaint of concerning court otherwise not..
Second, the procedure for these cases is laid down in section 340 Cr.P.C.
Ravikant Soni
(Expert) 27 June 2011
I suggest you to file an application with writing all relevant facts under section 340 and where you should submit the court to initiate criminal proceeding against accused person under such crimes by lodging complaint instead of as you done before.
R.SHAH
(Querist) 29 June 2011
thanks sir,
i have refered to one judgment of jharkand hc wherein 195 bar sec are sent to police for investigation and thereby police filed chargesheet against accused in matrimonial disputes. and my case of dispose off with final judgment and later i came to know about facts of misrepresentation.
by citing those judgment i asked this inquiry and police did investigation and file negative report saying that such incident not happen.
if case is disposed off then aggrevied party can be deprive of getting actions against the accused after 6 month of disposed case. where i should approached an asked for prosecutions. i have all court certified docuemtns which prooves ipc209,210 & 419(after there stmmnt to police).
kindly advised.
