Remedy for non closure of prosecution evidence
vinod bansal
(Querist) 03 August 2010
This query is : Resolved
R/Experts In my case of petty offence (279/337 IPC),eye witness has already been turned hostile and remaining witnesses are not coming in the court despite 19 opportunities of prosecution evidence,i prayed to court for closing the evidence or in alternative grant last opportunity to prosecution to lead its evidence,but magistrate is isting for confession,otherwise giving threatning to harass the accused for a period of minimum 2 years in case prosecution failed to produce witnesses.I want to move before sessions court for direction for closing the p/evidence after granting last opportunity to prosecution,under which provision i can do so,kindly help,its very urgent,because magistrate behaviour towards the advocates is not good,almost every litigant and lawyer is suffering same problem,solution of this problem will be a lesson for unfair magistrate who thinks himself as the supreme power of judicial system.
S. Bharath
(Expert) 03 August 2010
Apply for certified copies of the docket entries of the case, mentioning the purpose as to prefer a petition before the High Court [u/s 482]; there is a chance that the Magistrate will understand your objective and behave sensibly. If he doesn't, then prefer such a petition.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 10 August 2010
Instead of even trying to go to the HC which is costly and no guarntee that the decison will be in your favour.,
Just file a revision in the sessions court, get the files trasfered to the session court and keep cool till that particular court is transfered.
