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200 cr.p.c process

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Dear Experts,

 

My friend filed  private complaint under 200 Cr.P.C in the District court against 4 accused persons as the local police fail to act on our complaint. The accused have attacked on religious worship place.The judge after taking statement from the complainant and 2 witnesses considered our case under 153A and issued summons to the accused. When the accused were absent for twice and the Judge ordered nonbailable warrant. When my lawyer processing the nonbailable warrant,on the same day the opposite party lawyer filed recall application and the matter was posted to 3rd June and my lawyer unable stopped processing the nonbailable warrant.

 

        The Judge was transferred on 1st June and the new judge came on 3rd June.When my friend appeared in the court on 3rd June,the opposite party lawyer is arguing with the judge that he has to cross examine the complainant and the witnesses in front of him. The previous judge already examined my friend(complainant) and other two witnesses and already considered the case under 153A.

 

      Is it necessary for the opposite party lawyer to again cross examine the complainant and witnesses ?Please help.

 

Thanks,

Narayana Swamy

 
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In complaint statement of complaint and witness recorded 2 times before charge and after charge.if ur statement was recorded before charge and charge framed then ur statement b recorded again and again cross examine u and ur witnesses .
 
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In complaint statement of complaint and witness recorded 2 times before charge and after charge.if ur statement was recorded before charge and charge framed then ur statement b recorded again and again cross examine u and ur witnesses .
 
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Advocate

From your statement of facts I presumed that 3rd. June was fixed by the Judge to consider whether or not there is any cogent reason to accept the petition for recalling the order of non-bailable warrant of arrest of the accused.  Unless non-bailable warrant will be recalled further proceeding cannot be started.. So,the question of re- examination of the complainant and witnesses does not arise at this stage. 


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security

Sir,

On 3rd June ,all the accused appeared in the court. When the lawyer on behalf of accused starting arguing  with the Judge that he has to cross examine the complainant and the two witnesees.Then the judge asked that lawyer -" You wan't to cross examine ?you read the cr.pc carefully " and then the Judge asked our lawyer '" Why you have not processed NBW ? and then the Judge given the next date as 29th June 2014.

 

Now next what will happen ? Is there any chance for our lawyer to process NBW to the accused atleast now(i.e) before 29th June? How can we resist the accused recall petition ?Please give your valuable advice. Your help is highly appreciated.

 

 

Thanks,

Narayana Swamy

 
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Advocate

Quote the entire order delivered on 3rd. June in writing.


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Advocate,9444674980

You cannot prevent court from giving bail to the accused, you can contest the recall petition at that time, by filing you objection.I think No court will take cognizance of  case under 153A IPC without  prior sanction from state or cental government. under section 196(1) or crpc.

 
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Advocate

The Learned Judge rightly said to the lawyer of the accused " you read the Cr.P.C. carefully" because he lacks knowledge in Cr.PC.  After examination of the complainant u/s.200 Cr.PC the following courses are open to the Magistrate,namely,-

1. Issue of process against the accused u/s.204, for the purpose of trial, after taking cognizance, where he finds sufficient ground for proceeding

2. Inquiry or investigation u/s.202, postponing issue of process.

3. Dismissal of the complaint u/s.203, where the examination of the complainant  and his witnesses and/or the inquiry or investigation discloses no sufficient ground for proceeding against the accused.

After proceeding with sec.200Cr.PC there is no scope to recall the order of Cognizance as prayed by the lawyer of the accused.


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Advocate

First of all, yur lawyer should not have stopped the process of execution of NBW.  Even now, as per your statement, the NBW against the accused have not been recalled (?), if so, your lawyer can file the process for execution of NBW against the accused before the court any time now before the opposite lawyer files an advance hearing petition for filing warrant recall petition u/s 70(2) of Cr.P.C, subsequent to which you can put pressure on police to arrest the accused by executing the warrant.  You have to it fast before the opposite lawyer flings into action.  Further, since the court has taken cognizance of the offence and taken the case on file, the opposite lawyer can cross examine the complainant and his witnesses only during trial after chief examination of them during trial.  The judge has rightly observed and asked the opposite lawyer that whether he read Cr.P.C. provisions in this regard or not.


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security

Dear Mr.Biswanath Roy &Mr.Kalaiselvan,

 

Thanks for your guidance.Today we have gone to the court,the status of our case written in Court Register on 3/6/2014 as '' CALL ON 29/6/2014" but there is no information whether the accused have filed Recall petition or not . Our lawyer told us that the lawyer on behalf of accused phone him that he is filing recall petition against the NBW warrant issued by previous judge on 3/4/2014,he is saying that he has stopped processing NBW ordered on 3/4/2014,but on 3/6/2014 the new Judge asked our lawyer"Why you have not processed NBW?

                       Does it mean that the Hon'ble Judge is stll given us time to process NBW till next date 29/6/2014 ?So, atleast now,Can we process NBW  before 29/6/2014 ? Please guide us.

 


Thanks,

Narayana Swamy

                     

 
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