Section 319
Guest
(Querist) 25 October 2014
This query is : Resolved
I file a FIR on my wife Relatives with sec 147 149 452 427 506 323 & now my case in evidence....I gave names of 9 members...but police take only 5 members ..in FIR....
My questions are :
a> Proceeding of section 319 ?
b> is it phone trace details is sufficient for apply 319 ????
c> for 319 ....Is it there will be argument between advocates or on the bases of my spoken only??
d> If someone want to add something else ...welcome?......
Shailesh Kr. Shah
(Expert) 25 October 2014
what is the stage of the case ?
is chargesheet filed and cognizance taken by the court ?
Sarvesh Kumar Sharma Advocate
(Expert) 25 October 2014
as you say your case in evidence
Proceeding of section 319 ?-
just after complete chief examine if you conclude 5 members file 319 cr.p.c. proceeding.
Sarvesh Kumar Sharma Advocate
(Expert) 25 October 2014
b> is it phone trace details is sufficient for apply 319 ????
matter of fact no comment without case study!
Sarvesh Kumar Sharma Advocate
(Expert) 25 October 2014
c> for 319 ....Is it there will be argument between advocates or on the bases of my spoken only??
no argu .. court just see the bases of your evidence.
Sarvesh Kumar Sharma Advocate
(Expert) 25 October 2014
d> If someone want to add something else ...welcome?......
vikas , without study of case nothing to add.
Devajyoti Barman
(Expert) 25 October 2014
vague query..show papers with case history to local lawyer.
Rajendra K Goyal
(Expert) 25 October 2014
Consult a local lawyer and show him all the documents.
Anirudh
(Expert) 26 October 2014
Mere phone trace details is NOT sufficient for apply 319.
Section 319 IPC concerns with Hurt. According to that Section Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.
How can you say that by phone trace details one caused bodily pain/disease or infirmity?
Guest
(Querist) 26 October 2014
Actualy, Sir ..police says that they not present that time....if there phone location near to my home...it act as a evidence....?????
Sarvesh Kumar Sharma Advocate
(Expert) 26 October 2014
Author : vikas
Posted about 3 hours ago
Actualy, Sir ..police says that they not present that time....if there phone location near to my home...it act as a evidence....?????
not a conclusive defence, low potential.
Shailesh Kr. Shah
(Expert) 26 October 2014
Dear Mr.Anirudh
This is to bring under your kind attention that author raised query under section 319 of the Cr.P.C., 1973. However, he is not mentioned the act in his query.
Guest
(Querist) 26 October 2014
Shailesh Sir...
Yes we have a MLC Report from govt hospitals...& police attached the mlc report in Challan that was submitted by police in court ..but they gave only 5 members name....now i want court summons to others members also.....my question is that....court give order directly their names in FIR OR after arguments???
Devajyoti Barman
(Expert) 26 October 2014
It is the duty of police to mention names in FIR. If you are not satisfied with certain names then you can apply for reinvestigation.
Shailesh Kr. Shah
(Expert) 26 October 2014
In the case of Hardeep singh, Hon'ble Supreme court held that:-
whose name mentioned in the Fir and not in chargesheet, the court may add those name in the trial.
T. Kalaiselvan, Advocate
(Expert) 27 October 2014
Take the advise of your lawyer who will be in full knowledge of the entire case and its proceedings so far, because your piecemeal information and absence of actual facts of the case will not fetch you any or proper opinion.
